Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor

Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor

Defendants deliberately diverted potential customers from Claimant via infringing websites, resulting in significant lost sales; Claimant entitled to damages calculated by extrapolating estimated lost profits from cherry-picked sample of enquiries, uplifted by 33% to account for hidden enquiries and loss of repeat business.

Parties
Claimant: Link Up Mitaka Limited trading as THEBIGWORD; First Defendant: Language Empire Limited; Second Defendant: Yasar Zaman
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Inquiry as to Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Judgment After Trial of Damages Inquiry
Outcome
Judgment for Claimant; damages awarded.
Legal Topics
Trade Mark Infringement, Passing Off, Damages Assessment, Reasonable Royalty, Unfair Profits, Disclosure, Credibility of Witnesses
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Damages Assessment Reasonable Royalty Unfair Profits Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Link Up Mitaka Limited trading as THEBIGWORD

Claimant

Language Empire Limited

First Defendant

Yasar Zaman

Second Defendant

Procedural Posture

Inquiry as to Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Judgment After Trial of Damages Inquiry

Legal Issues

  1. 1 Whether Defendants made sales of translation and/or interpretation services as a result of enquiries from infringing websites
  2. 2 Whether Claimant was deprived of sales and quantum of damages
  3. 3 Assessment of reasonable royalty if lost sales not proven

Ratio Decidendi

Defendants deliberately diverted potential customers from Claimant via infringing websites, resulting in significant lost sales; Claimant entitled to damages calculated by extrapolating estimated lost profits from cherry-picked sample of enquiries, uplifted by 33% to account for hidden enquiries and loss of repeat business.

Court Disposition

Judgment for Claimant; damages awarded.

Orders

  • Defendants to pay Claimant damages of £142,044.
  • Defendants to transfer relevant domain names to Claimant as previously ordered.