National Guild of Removers & Storers Ltd v Silveria (t/a C S Movers) [2010] EWPCC 15 (12 November 2010)

National Guild of Removers & Storers Ltd v Silveria (t/a C S Movers) [2010] EWPCC 15 (12 November 2010)

Where a defendant uses a registered trade mark or passes off as a member of a trade association without authorisation, damages are recoverable on a 'user' principle, assessed by reference to the licence fees and liquidated damages set out in the claimant's rules, even if the defendant was never a member. The Patents County Court has jurisdiction to award such damages for trade mark infringement and passing off.

Citation
[2010] EWPCC 15
Parties
Claimant: National Guild of Removers & Storers Limited; Defendant: Christopher Silveria (trading as C S Movers)
Jurisdiction
England and Wales
Judgment Date
12 November 2010
Procedural Posture
Inquiry as to Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Assessment of Damages
Outcome
Damages awarded to claimant; costs to be assessed in detail.
Legal Topics
Trade Mark Infringement, Passing Off, Damages Assessment, User Principle, Jurisdiction of Patents County Court
Intellectual Property Tort Trade Mark Infringement Passing Off Damages Assessment User Principle Jurisdiction of Patents County Court

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Parties

National Guild of Removers & Storers Limited

Claimant

Christopher Silveria (trading as C S Movers)

Defendant

Procedural Posture

Inquiry as to Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Assessment of Damages

Legal Issues

  1. 1 Whether damages for trade mark infringement and passing off can be assessed on a 'user' principle basis where no lost sales are proven
  2. 2 How to quantify damages for unauthorised use of trade marks by non-members or former members
  3. 3 Jurisdiction of the Patents County Court in trade mark and passing off cases

Ratio Decidendi

Where a defendant uses a registered trade mark or passes off as a member of a trade association without authorisation, damages are recoverable on a 'user' principle, assessed by reference to the licence fees and liquidated damages set out in the claimant's rules, even if the defendant was never a member. The Patents County Court has jurisdiction to award such damages for trade mark infringement and passing off.

Court Disposition

Damages awarded to claimant; costs to be assessed in detail.

Orders

  • Defendant to pay £11,594.23 in damages for trade mark infringement and passing off.
  • Claimant entitled to costs of the inquiry, to be subject to detailed assessment.