Shard Financial Media Ltd v Blue Moon Group Ltd & Anor

There was a binding oral agreement for assignment of the trade mark, supported by consideration and contemporaneous evidence. An implied term required execution of necessary documents. Blue Moon held the trade mark on trust for Shard, entitling Shard to call for legal assignment. Defendants' arguments lacked real prospect of success.

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: Civil / Summary Judgment Application
Outcome: Summary judgment granted in favour of the claimant.
Legal Topics: Trade Mark Assignment, Summary Judgment, Oral Agreements, Trusts, Consideration

Intellectual Property Contract Law Trade Mark Assignment Summary Judgment Oral Agreements Trusts Consideration

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Parties

Shard Financial Media Limited

Claimant

Blue Moon Group Limited

First Defendant

Gerard Dugdill

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether an oral agreement for assignment of a trade mark was binding
2 Whether consideration was provided for the agreement
3 Whether an implied term required execution of formal assignment documents

Ratio Decidendi

Court Disposition

Summary judgment granted in favour of the claimant.

Orders

Blue Moon Group Limited to assign the trade mark to Shard Financial Media Limited.
Other related relief as sought by the claimant.