Federation Internationale De L'automobile v Gator Sports Ltd & Ors

Federation Internationale De L'automobile v Gator Sports Ltd & Ors

The court found that the first, second, and third defendants committed acts of trademark infringement and passing off by selling WRC-branded merchandise without authorisation after the agreement ended. The third defendant was used as a vehicle for such sales during the CVA period. Mr Dubov, as the controlling mind...

Source-derived case information.

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: 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 Tortfeasance, Director Liability, Exhaustion of Rights
Intellectual Property Company Law Trademark Infringement Passing Off Joint Tortfeasance Director Liability Exhaustion of Rights

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Summary, issues, holding and outcome

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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

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 acts of infringement and passing off
  3. 3 Whether Mr Roman Dubov was personally liable as a joint tortfeasor for the acts of the corporate defendants

Ratio Decidendi

The court found that the first, second, and third defendants committed acts of trademark infringement and passing off by selling WRC-branded merchandise without authorisation after the agreement ended. The third defendant was used as a vehicle for such sales during the CVA period. Mr Dubov, as the controlling mind and sole director during the relevant period, materially assisted and participated in the infringing acts pursuant to a common design, rendering him jointly liable as a joint tortfeasor.

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 and Mr Dubov for joint liability