Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd & Anor

The First Defendant used the Birlea mark in the course of trade on Amazon listings from the outset, and the Second Defendant actively co-operated in the commission of the infringing acts, making both jointly liable for trade mark infringement.

Parties: Claimant: Birlea Furniture Limited; First Defendant: Platinum Enterprise (UK) Limited; Second Defendant: Mr Mohammed Raheel Baig
Jurisdiction: England and Wales
Judgment Date: 11 January 2018
Procedural Posture: Trade Mark Infringement Claim / Liability Judgment
Outcome: Liability established against both Defendants for trade mark infringement.
Legal Topics: Trade Mark Infringement, Joint Tortfeasance, Online Marketplace Liability

Intellectual Property Commercial Law Trade Mark Infringement Joint Tortfeasance Online Marketplace Liability

Case Brief

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Parties

Birlea Furniture Limited

Claimant

Platinum Enterprise (UK) Limited

First Defendant

Mr Mohammed Raheel Baig

Second Defendant

Procedural Posture

Trade Mark Infringement Claim / Liability Judgment

Legal Issues

1 Whether the First Defendant used the Birlea mark in the course of trade on Amazon listings
2 Whether the Second Defendant is jointly liable as a joint tortfeasor

Ratio Decidendi

Court Disposition

Liability established against both Defendants for trade mark infringement.

Orders

First Defendant liable for infringement of the Mark under Article 9(1)(a)/Article 9(2)(a) of the 2009 EUTMR/EUTMR from 23 April 2013 onwards.
Second Defendant jointly liable as joint tortfeasor.