Federation Internationale De L'automobile v Gator Sports Ltd & Ors [2017] EWHC 3564 (Pat) (16 June 2017)

Federation Internationale De L'automobile v Gator Sports Ltd & Ors [2017] EWHC 3564 (Pat) (16 June 2017)

The court found that the claimant's trademarks were infringed and passing off occurred through the continued sale of WRC-branded merchandise by the defendants after the contract ended. The third defendant was found liable based on evidence of sales through its eBay account. Mr Dubov was found jointly liable as a joint tortfeasor because he exercised executive control, made decisions regarding the sale of infringing stock, and materially assisted in the infringing acts pursuant to a common design with the companies.

Citation
[2017] EWHC 3564 (Pat)
Parties
Claimant: Federation Internationale de l'Automobile; First Defendant: Gator Sports Ltd; Second Defendant: Green Golf Balls Europe Ltd; Third Defendant: Green Golf Ltd; Fourth Defendant: Mr Roman Dubov
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Intellectual Property (trademark Infringement and Passing Off) / Judgment After Trial
Outcome
Judgment for the claimant against all defendants.
Legal Topics
Trademark Infringement, Passing Off, Joint Tortfeasor Liability, Accessory Liability, Corporate Liability
Intellectual Property Commercial Law Trademark Infringement Passing Off Joint Tortfeasor Liability Accessory Liability Corporate Liability

Case Brief

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Parties

Federation Internationale de l'Automobile

Claimant

Gator Sports Ltd

First Defendant

Green Golf Balls Europe Ltd

Second Defendant

Green Golf Ltd

Third Defendant

Mr Roman Dubov

Fourth Defendant

Procedural Posture

Intellectual Property (trademark Infringement and Passing Off) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimant's registered trademarks and committed passing off by selling WRC-branded merchandise after the expiry of the merchandising agreement
  2. 2 Whether the third defendant (Green Golf Ltd) was liable for infringing acts
  3. 3 Whether Mr Roman Dubov was personally liable as a joint tortfeasor for the infringing acts of the corporate defendants

Ratio Decidendi

The court found that the claimant's trademarks were infringed and passing off occurred through the continued sale of WRC-branded merchandise by the defendants after the contract ended. The third defendant was found liable based on evidence of sales through its eBay account. Mr Dubov was found jointly liable as a joint tortfeasor because he exercised executive control, made decisions regarding the sale of infringing stock, and materially assisted in the infringing acts pursuant to a common design with the companies.

Court Disposition

Judgment for the claimant against all defendants.

Orders

  • Declaration of trademark infringement and passing off against all defendants.
  • Judgment entered against the third defendant (Green Golf Ltd) for infringement and passing off.