Yellow Van London Company v Driver [2014] EWHC 3094 (Ch) (18 July 2014)

Yellow Van London Company v Driver [2014] EWHC 3094 (Ch) (18 July 2014)

The defendant was found to have breached the injunction in multiple ways, admitted to the breaches, and had not fully rectified them. The court found contempt established and imposed a fine as the appropriate sanction, warning that further breaches could result in imprisonment.

Citation
[2014] EWHC 3094 (Ch)
Parties
Claimant: Yellow Van London Company; Defendant: John Driver (also known as Edward Raynor)
Jurisdiction
England and Wales
Judgment Date
18 July 2014
Procedural Posture
Contempt of Court Application / Judgment on Application for Committal for Breach of Injunction
Outcome
Application for committal granted; defendant found in contempt of court.
Legal Topics
Contempt of Court, Injunction Breach, Trade Mark Infringement, Passing Off
Intellectual Property Civil Procedure Contempt of Court Injunction Breach Trade Mark Infringement Passing Off

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yellow Van London Company

Claimant

John Driver (also known as Edward Raynor)

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Application for Committal for Breach of Injunction

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction granted by Arnold J on 12 November 2013
  2. 2 Whether the breaches amount to contempt of court
  3. 3 What sanction is appropriate for the contempt

Ratio Decidendi

The defendant was found to have breached the injunction in multiple ways, admitted to the breaches, and had not fully rectified them. The court found contempt established and imposed a fine as the appropriate sanction, warning that further breaches could result in imprisonment.

Court Disposition

Application for committal granted; defendant found in contempt of court.

Orders

  • Defendant to pay a fine of £10,000 for contempt of court.
  • Defendant to pay the costs of the application on the usual scale.