Hayman-Joyce Property Ltd v Hayman-Joyce Broadway Llp Anor [2023] EWHC 1028 (IPEC) (02 May 2023)

Hayman-Joyce Property Ltd v Hayman-Joyce Broadway Llp Anor [2023] EWHC 1028 (IPEC) (02 May 2023)

The Partnership Agreement did not create an express or implied licence from the Moreton business to the Broadway partnership; instead, it effected a severance of goodwill such that the partnership (and later the First Defendant) acquired its own goodwill in residential sales in the Broadway Patch and No Man's Land, while the Claimant retained goodwill in the Moreton Patch and for other services. The Claimant's trade mark registration is invalid to the extent it covers services and areas where the Defendants own goodwill. There was no actionable passing off or trade mark infringement by the Defendants within their area of goodwill ownership.

Citation
[2023] EWHC 1028 (IPEC)
Parties
Claimant: Hayman-Joyce Property Limited; First Defendant: Hayman-Joyce Broadway LLP; Second Defendant: Charles Robert Henry Comber
Jurisdiction
England and Wales
Judgment Date
02 May 2023
Procedural Posture
Intellectual Property (trade Mark and Passing Off) / Trial of Liability Only
Outcome
Claim dismissed in part; trade mark declared invalid in part; no actionable passing off or infringement by Defendants within their goodwill area.
Legal Topics
Trade Mark Infringement, Passing Off, Goodwill, Partnership Law, Licensing, Co Existence Agreements
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Goodwill Partnership Law Licensing Co Existence Agreements

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Parties

Hayman-Joyce Property Limited

Claimant

Hayman-Joyce Broadway LLP

First Defendant

Charles Robert Henry Comber

Second Defendant

Procedural Posture

Intellectual Property (trade Mark and Passing Off) / Trial of Liability Only

Legal Issues

  1. 1 Who owns the goodwill in the 'Hayman-Joyce' name in various areas and for various services?
  2. 2 Was there an implied or express licence to use the name?
  3. 3 Did the Defendants infringe the Claimant's trade mark or commit passing off?

Ratio Decidendi

The Partnership Agreement did not create an express or implied licence from the Moreton business to the Broadway partnership; instead, it effected a severance of goodwill such that the partnership (and later the First Defendant) acquired its own goodwill in residential sales in the Broadway Patch and No Man's Land, while the Claimant retained goodwill in the Moreton Patch and for other services. The Claimant's trade mark registration is invalid to the extent it covers services and areas where the Defendants own goodwill. There was no actionable passing off or trade mark infringement by the Defendants within their area of goodwill ownership.

Court Disposition

Claim dismissed in part; trade mark declared invalid in part; no actionable passing off or infringement by Defendants within their goodwill area.

Orders

  • Declaration that the First Defendant owns goodwill in residential sales in the Broadway Patch and No Man's Land within a 20 mile radius of Broadway.
  • Declaration that the Claimant owns goodwill in the Moreton Patch and for residential lettings and commercial sales and lettings in the Broadway Patch.