Azumi Ltd v Zuma's Choice Pet Products Ltd & Anor [2017] EWHC 45 (IPEC) (16 January 2017)

Azumi Ltd v Zuma's Choice Pet Products Ltd & Anor [2017] EWHC 45 (IPEC) (16 January 2017)

There was no apparent bias from the judge sharing chambers with counsel; rights of audience were refused to a suspended solicitor as McKenzie Friend; summary judgment was refused as the defence of justification to threats was arguable and should be determined at trial; costs were awarded against Ms. Vanderbilt for unreasonable conduct in bringing a late and unmeritorious application.

Citation
[2017] EWHC 45 (IPEC)
Parties
Claimant (infringement Action) / Defendant (threats Actions): Azumi Limited; Defendant (infringement Action): Zuma's Choice Pet Products Limited; Defendant (infringement Action) / Claimant (threats Actions): Ms. Zoe Vanderbilt; Defendant (threats Actions): Mr. John Wallace; Defendant (threats Actions): Boult Wade Tennant; Defendant (threats Actions): Mr. Rainer Bernd Leo Becker
Jurisdiction
England and Wales
Judgment Date
16 January 2017
Procedural Posture
Intellectual Property (trade Mark Infringement and Threats) / Interlocutory Applications: Recusal, Rights of Audience, Summary Judgment, Costs
Outcome
Applications for recusal, rights of audience, and summary judgment dismissed; costs awarded against Ms. Vanderbilt; application not certified as totally without merit.
Legal Topics
Trade Mark Infringement, Groundless Threats, Summary Judgment, Recusal of Judge, Rights of Audience, Costs Orders
Intellectual Property Civil Procedure Trade Mark Infringement Groundless Threats Summary Judgment Recusal of Judge Rights of Audience Costs Orders

Case Brief

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Parties

Azumi Limited

Claimant (infringement Action) / Defendant (threats Actions)

Zuma's Choice Pet Products Limited

Defendant (infringement Action)

Ms. Zoe Vanderbilt

Defendant (infringement Action) / Claimant (threats Actions)

Mr. John Wallace

Defendant (threats Actions)

Boult Wade Tennant

Defendant (threats Actions)

Mr. Rainer Bernd Leo Becker

Defendant (threats Actions)

Procedural Posture

Intellectual Property (trade Mark Infringement and Threats) / Interlocutory Applications: Recusal, Rights of Audience, Summary Judgment, Costs

Legal Issues

  1. 1 Whether the judge should recuse himself due to sharing chambers with counsel for claimant
  2. 2 Whether a suspended solicitor may be granted rights of audience as McKenzie Friend
  3. 3 Whether summary judgment should be granted on threats actions and counterclaim for unjustified threats

Ratio Decidendi

There was no apparent bias from the judge sharing chambers with counsel; rights of audience were refused to a suspended solicitor as McKenzie Friend; summary judgment was refused as the defence of justification to threats was arguable and should be determined at trial; costs were awarded against Ms. Vanderbilt for unreasonable conduct in bringing a late and unmeritorious application.

Court Disposition

Applications for recusal, rights of audience, and summary judgment dismissed; costs awarded against Ms. Vanderbilt; application not certified as totally without merit.

Orders

  • Application for recusal refused.
  • Application for rights of audience for Mr. Ellis refused.