The National Guild of Removers and Storers Ltd v Statham & Ors [2014] EWHC 3572 (IPEC) (05 November 2014)

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

Citation: [2014] EWHC 3572 (IPEC)
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 Following Summary Judgment for Passing Off / Damages Assessment After Summary Judgment
Outcome: Damages awarded to claimant
Legal Topics: Passing Off, Damages Assessment, User Principle, Trade Mark Infringement

Intellectual Property Contract Passing Off Damages Assessment 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 Following Summary Judgment for Passing Off / Damages Assessment After Summary Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

Damages awarded to claimant

Orders

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