Thurgood v Laight & Anor [2024] EWHC 2947 (IPEC) (21 November 2024)

Thurgood v Laight & Anor [2024] EWHC 2947 (IPEC) (21 November 2024)

The claimant established goodwill in the name WASH WIGGLE & WAG for her dog grooming business within the relevant territory. The defendants' use of the identical name for identical services in the same area constituted a misrepresentation likely to deceive the public into believing there was a connection between the businesses. This misrepresentation caused damage to the claimant's goodwill. The tort of passing off is therefore made out.

Citation
[2024] EWHC 2947 (IPEC)
Parties
Claimant: Laura Thurgood; First Defendant: Danielle Laight; Second Defendant: Wash Wiggle & Wag Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Passing Off Claim (civil) / Liability Trial (split Trial, Liability Only)
Outcome
Claim for passing off established in favour of the claimant; liability found against both defendants.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Damage, Dog Grooming Business, Business Names
Intellectual Property Tort Passing Off Goodwill Misrepresentation Damage Dog Grooming Business Business Names

Case Brief

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Parties

Laura Thurgood

Claimant

Danielle Laight

First Defendant

Wash Wiggle & Wag Limited

Second Defendant

Procedural Posture

Passing Off Claim (civil) / Liability Trial (split Trial, Liability Only)

Legal Issues

  1. 1 Whether the claimant owned goodwill in the business name WASH WIGGLE & WAG during the relevant period
  2. 2 Whether the defendants' use of WASH WIGGLE & WAG constituted a misrepresentation likely to deceive the public
  3. 3 Whether the claimant suffered damage to her goodwill as a result of the defendants' acts

Ratio Decidendi

The claimant established goodwill in the name WASH WIGGLE & WAG for her dog grooming business within the relevant territory. The defendants' use of the identical name for identical services in the same area constituted a misrepresentation likely to deceive the public into believing there was a connection between the businesses. This misrepresentation caused damage to the claimant's goodwill. The tort of passing off is therefore made out.

Court Disposition

Claim for passing off established in favour of the claimant; liability found against both defendants.

Orders

  • Declaration that the defendants have passed off their business as that of the claimant
  • Defendants found jointly and severally liable for passing off