Lumos Skincare Ltd v Sweet Squared Ltd & Ors

Lumos Skincare Ltd v Sweet Squared Ltd & Ors

The Second Defendant is liable to account for profits accrued from supply to First and Third Defendants under a common design for passing off in the UK; only UK sales are relevant for passing off; Defendants may deduct direct costs and specific advertising/freight expenses, but not general overheads or trade show/catalogue costs.

Parties
Claimant: Lumos Skincare Limited; First Defendant: Sweet Squared Limited; Second Defendant: Famous Names LLC; Third Defendant: Sweet Squared (UK) LLP
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Passing Off Action / Account of Profits After Appellate Judgment
Outcome
Account of profits granted; Defendants jointly and severally liable for specified sums.
Legal Topics
Passing Off, Account of Profits, Joint Liability, Goodwill, Deduction of Costs
Intellectual Property Tort Passing Off Account of Profits Joint Liability Goodwill Deduction of Costs

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Parties

Lumos Skincare Limited

Claimant

Sweet Squared Limited

First Defendant

Famous Names LLC

Second Defendant

Sweet Squared (UK) LLP

Third Defendant

Procedural Posture

Passing Off Action / Account of Profits After Appellate Judgment

Legal Issues

  1. 1 Is the Second Defendant liable to account for profits from supply to First and Third Defendants?
  2. 2 What was the total revenue derived by the First and Third Defendants from UK sales?
  3. 3 What was the total revenue derived by the Second Defendant from supply to First and Third Defendants?

Ratio Decidendi

The Second Defendant is liable to account for profits accrued from supply to First and Third Defendants under a common design for passing off in the UK; only UK sales are relevant for passing off; Defendants may deduct direct costs and specific advertising/freight expenses, but not general overheads or trade show/catalogue costs.

Court Disposition

Account of profits granted; Defendants jointly and severally liable for specified sums.

Orders

  • First and Third Defendants to pay £24,461.48 to Claimant.
  • Second Defendant to pay £17,842.66 to Claimant.