Shua Ltd v Camp And Furnace Ltd

Shua Ltd v Camp And Furnace Ltd

Shua Limited is the owner of the goodwill in 'Bongo's Bingo' and the copyright in the logos. The 15th June 2015 Agreement was not a binding contract. C&F is not entitled to hold BB events in Liverpool, nor to 15% commission for events outside Liverpool. The management of Shua is not subject to the equitable constraints claimed by C&F. Shua is entitled to injunctive relief restraining C&F from passing off or hosting BB events without permission. C&F's claims and counterclaims are dismissed.

Parties
Claimant/respondent: Shua Limited; Defendant/petitioner: Camp & Furnace Limited; Respondent: Joshua Burke; Respondent: Jonathan Lacey
Jurisdiction
England and Wales
Judgment Date
24 March 2020
Procedural Posture
Civil (intellectual Property/company Law) / Judgment on Preliminary Issues
Outcome
Judgment for Shua Limited; C&F's claims dismissed.
Legal Topics
Passing Off, Copyright Ownership, Goodwill, Shareholder Rights, Unfair Prejudice, Equitable Constraints, Partnership, Contract Formation
Intellectual Property Company Law Equity Passing Off Copyright Ownership Goodwill Shareholder Rights Unfair Prejudice +3 more

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Parties

Shua Limited

Claimant/respondent

Camp & Furnace Limited

Defendant/petitioner

Joshua Burke

Respondent

Jonathan Lacey

Respondent

Procedural Posture

Civil (intellectual Property/company Law) / Judgment on Preliminary Issues

Legal Issues

  1. 1 Who owns the goodwill in 'Bongo's Bingo'?
  2. 2 Who owns the copyright in the logos?
  3. 3 Was the 15th June 2015 Agreement a binding contract?

Ratio Decidendi

Shua Limited is the owner of the goodwill in 'Bongo's Bingo' and the copyright in the logos. The 15th June 2015 Agreement was not a binding contract. C&F is not entitled to hold BB events in Liverpool, nor to 15% commission for events outside Liverpool. The management of Shua is not subject to the equitable constraints claimed by C&F. Shua is entitled to injunctive relief restraining C&F from passing off or hosting BB events without permission. C&F's claims and counterclaims are dismissed.

Court Disposition

Judgment for Shua Limited; C&F's claims dismissed.

Orders

  • Declaration that Shua Limited owns the goodwill in 'Bongo's Bingo'.
  • Declaration that Shua Limited owns the copyright in the logos.