Natasha Courtney-Smith & Anor v The Nottinghill Shopping Bag Company & Ors

Natasha Courtney-Smith & Anor v The Nottinghill Shopping Bag Company & Ors

The trade mark expired and was not validly renewed; NHBCL was not proprietor and had no standing. Goodwill was destroyed on dissolution and not established by NHBCL. Copyright subsisted in the Logo but Defendants' signs were not close copies and did not infringe. No joint venture or joint tortfeasor liability. All claims fail.

Parties
First Claimant: Natasha Courtenay-Smith; Second Claimant: Notting Hill Bag Company Limited; First Defendant: The Notting Hill Shopping Bag Company Limited; Second Defendant: Nangialai Takanai; Third Defendant: The Notting Hill Shopper Bag. Ltd; Fourth Defendant: Ehsanullah Takanai
Jurisdiction
England and Wales
Judgment Date
18 July 2025
Procedural Posture
Intellectual Property Claim / Final Judgment After Trial
Outcome
All claims dismissed; Defendants succeed on counterclaims.
Legal Topics
Trade Mark Expiry and Renewal, Passing Off, Copyright Subsistence, Beneficial Ownership, Bona Vacantia, Revocation for Non Use, Distinctiveness, Joint Tortfeasor Liability
Intellectual Property Company Law Tort Trade Mark Expiry and Renewal Passing Off Copyright Subsistence Beneficial Ownership Bona Vacantia +3 more

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Parties

Natasha Courtenay-Smith

First Claimant

Notting Hill Bag Company Limited

Second Claimant

The Notting Hill Shopping Bag Company Limited

First Defendant

Nangialai Takanai

Second Defendant

The Notting Hill Shopper Bag. Ltd

Third Defendant

Ehsanullah Takanai

Fourth Defendant

Procedural Posture

Intellectual Property Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the trade mark was validly renewed or expired and liable to be deleted
  2. 2 Whether the trade mark was liable to be revoked for non-use
  3. 3 Whether the Second Claimant was proprietor of the trade mark

Ratio Decidendi

The trade mark expired and was not validly renewed; NHBCL was not proprietor and had no standing. Goodwill was destroyed on dissolution and not established by NHBCL. Copyright subsisted in the Logo but Defendants' signs were not close copies and did not infringe. No joint venture or joint tortfeasor liability. All claims fail.

Court Disposition

All claims dismissed; Defendants succeed on counterclaims.

Orders

  • Declaration that the trade mark expired and was not validly renewed; to be deleted from register.
  • Declaration that NHBCL is not proprietor of the trade mark and has no standing.