Lyle & Scott Ltd v American Eagle Outfitters, Inc [2021] EWHC 90 (Ch) (20 January 2021)

The passing off claim raises a serious issue to be tried, and England and Wales is clearly or distinctly the appropriate forum for the trial, given the focus on UK goodwill, remedies sought, and applicable law.

Source-derived case information.

Citation: [2021] EWHC 90 (Ch)
Parties: Claimant: Lyle & Scott Limited; Defendant: American Eagle Outfitters, Inc
Jurisdiction: England and Wales
Judgment Date: 20 January 2021
Procedural Posture: Application to Set Aside Order for Service Out of Jurisdiction / Judgment on Application
Outcome: Application dismissed
Legal Topics: Passing Off, Jurisdiction, Forum Conveniens, Trade Mark, Breach of Contract

Intellectual Property Contract Tort Passing Off Jurisdiction Forum Conveniens Trade Mark Breach of Contract

Source-derived case record

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1

Parties

Lyle & Scott Limited

Claimant

American Eagle Outfitters, Inc

Defendant

Procedural Posture

Application to Set Aside Order for Service Out of Jurisdiction / Judgment on Application

Legal Issues

1 Whether the passing off claim has a real prospect of success
2 Whether England and Wales is clearly or distinctly the appropriate forum for trial

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Service out of jurisdiction order stands
Proceedings to continue in England and Wales

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