The National Guild of Removers and Storers Ltd v Statham & Ors

The National Guild of Removers and Storers Ltd v Statham & Ors

The appropriate measure of damages is the sum that would have been agreed in a hypothetical negotiation for a licence covering the actual use made by the defendants, which in this case would have been full membership of NGRS for three years at the practical annual fee of £1,800, totalling £5,400.

Source-derived case information.

Parties
Claimant: The National Guild of Removers and Storers Limited; Defendant: George Anthony Statham; Defendant: Catherine Ann Statham
Jurisdiction
England and Wales
Judgment Date
05 November 2014
Procedural Posture
Inquiry as to Damages (civil) / Judgment After Summary Judgment on Liability
Outcome
Damages awarded to claimant
Legal Topics
Damages Assessment, Passing Off, User Principle, Trade Mark Infringement
Intellectual Property Civil Procedure Damages Assessment Passing Off User Principle Trade Mark Infringement

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Parties

The National Guild of Removers and Storers Limited

Claimant

George Anthony Statham

Defendant

Catherine Ann Statham

Defendant

Procedural Posture

Inquiry as to Damages (civil) / Judgment After Summary Judgment on Liability

Legal Issues

  1. 1 What is the appropriate measure of damages for passing off by unauthorised representation of membership in a trade association?
  2. 2 Should damages be calculated by reference to the user principle and, if so, what is the appropriate hypothetical licence fee?

Ratio Decidendi

The appropriate measure of damages is the sum that would have been agreed in a hypothetical negotiation for a licence covering the actual use made by the defendants, which in this case would have been full membership of NGRS for three years at the practical annual fee of £1,800, totalling £5,400.

Court Disposition

Damages awarded to claimant

Orders

  • Defendants to pay claimant £5,400 in damages plus interest (rate and period to be determined)