Lifestyle Equities CV & Anor v Frasers Group Trading Ltd (formerly called Sportsdirect.com Retail Ltd) & Ors [2026] EWCA Civ 583 (12 May 2026)
The protections in s.30(6) TMA 1994, allowing recovery of losses suffered by licensees in infringement proceedings, are only available where an application to register the licence has been made, and such claims are subject to the limitation period. Claims for losses suffered by sub-licensees are statute barred if...
Source-derived case information.
- Citation
- [2026] EWCA Civ 583
- Parties
- Claimant/respondent: Lifestyle Equities C. V.; Claimant/respondent: Lifestyle Licensing B. V.; Defendant/appellant: Frasers Group Trading Limited; Defendant/appellant: SDI (Brook UK) Limited; Defendant/appellant: Runnel Limited; Defendant/appellant: SDI (Brook ROW) Limited; Defendant/appellant: Republic.com Retail Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 May 2026
- Procedural Posture
- Appeal / Judgment on Appeal From Summary Judgment Application
- Outcome
- Appeal allowed; summary judgment granted for appellants dismissing claims for damages in respect of losses suffered by sub-licensees.
- Legal Topics
- Trade Marks, Licensing, Limitation of Actions, Summary Judgment, Damages
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lifestyle Equities C. V.
Claimant/respondent
Lifestyle Licensing B. V.
Claimant/respondent
Frasers Group Trading Limited
Defendant/appellant
SDI (Brook UK) Limited
Defendant/appellant
Runnel Limited
Defendant/appellant
SDI (Brook ROW) Limited
Defendant/appellant
Republic.com Retail Limited
Defendant/appellant
Procedural Posture
Appeal / Judgment on Appeal From Summary Judgment Application
Legal Issues
- 1 Whether a trade mark proprietor can recover losses suffered by licensees in infringement proceedings where the licences are not registered
- 2 Whether registration of a licence is a pre-condition to the protections in s.30(6) Trade Marks Act 1994
- 3 Whether there is a time limit for registration of a licence to enable recovery of licensee losses
Ratio Decidendi
The protections in s.30(6) TMA 1994, allowing recovery of losses suffered by licensees in infringement proceedings, are only available where an application to register the licence has been made, and such claims are subject to the limitation period. Claims for losses suffered by sub-licensees are statute barred if registration is not effected within the limitation period.
Court Disposition
Appeal allowed; summary judgment granted for appellants dismissing claims for damages in respect of losses suffered by sub-licensees.
Orders
- Summary judgment dismissing claims for damages in respect of losses suffered by sub-licensees.
Full Case Text
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