Shard Financial Media Ltd v Blue Moon Group Ltd & Anor [2018] EWHC 2859 (IPEC) (19 September 2018)

Shard Financial Media Ltd v Blue Moon Group Ltd & Anor [2018] EWHC 2859 (IPEC) (19 September 2018)

There was a binding oral agreement on 8 September 2011 for Blue Moon to assign its trade mark application to Shard, supported by contemporaneous evidence and mutual consideration. The agreement included an implied term requiring Blue Moon to take all necessary steps to effect the assignment. As a result, Shard became the equitable owner of the trade mark and is entitled to call for legal assignment. The defendants' arguments did not present a real prospect of success at trial.

Citation
[2018] EWHC 2859 (IPEC)
Parties
Claimant: Shard Financial Media Limited; First Defendant: Blue Moon Group Limited; Second Defendant: Gerard Dugdill
Jurisdiction
England and Wales
Judgment Date
19 September 2018
Procedural Posture
Intellectual Property Summary Judgment Application / Summary Judgment
Outcome
Summary judgment granted in favour of the claimant.
Legal Topics
Trade Marks, Assignment of Trade Marks, Summary Judgment, Oral Agreements, Trusts in Equity
Intellectual Property Contract Law Trade Marks Assignment of Trade Marks Summary Judgment Oral Agreements Trusts in Equity

Case Brief

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Parties

Shard Financial Media Limited

Claimant

Blue Moon Group Limited

First Defendant

Gerard Dugdill

Second Defendant

Procedural Posture

Intellectual Property Summary Judgment Application / Summary Judgment

Legal Issues

  1. 1 Whether there was a binding oral agreement for the assignment of the trade mark 'Credit Today' from Blue Moon to Shard
  2. 2 Whether consideration was provided for the alleged agreement
  3. 3 Whether the agreement contained an implied term requiring Blue Moon to take all steps necessary to effect the assignment

Ratio Decidendi

There was a binding oral agreement on 8 September 2011 for Blue Moon to assign its trade mark application to Shard, supported by contemporaneous evidence and mutual consideration. The agreement included an implied term requiring Blue Moon to take all necessary steps to effect the assignment. As a result, Shard became the equitable owner of the trade mark and is entitled to call for legal assignment. The defendants' arguments did not present a real prospect of success at trial.

Court Disposition

Summary judgment granted in favour of the claimant.

Orders

  • Blue Moon to assign the trade mark 'Credit Today' to Shard Financial Media Limited.
  • Other related relief as sought by the claimant.