The Trademark Licensing Company Ltd & Anor v Leofelis SA

The Trademark Licensing Company Ltd & Anor v Leofelis SA

The Milan Proceedings and the 2009 Proceedings are not sufficiently closely connected to constitute 'related actions' under Article 28(3) of Council Regulation (EU) No. 44/2001. The risk of irreconcilable judgments is low, as the Milan court would treat the English court's decision as conclusive on English law issues. The discretion to stay proceedings favours refusal, given the lack of close connection, the advanced stage and likely speed of the English proceedings, and the English court's proximity to the subject matter.

Parties
Claimant: The Trademark Licensing Company Limited; Claimant: Lonsdale Sports Limited; Defendant: Leofelis SA
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Commercial / Ruling on Application for Stay
Outcome
application for stay dismissed
Legal Topics
Trade Mark Licensing, Jurisdiction, Stay of Proceedings, Termination of Contract
Commercial Law Intellectual Property Contract Law Trade Mark Licensing Jurisdiction Stay of Proceedings Termination of Contract

Case Brief

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Parties

The Trademark Licensing Company Limited

Claimant

Lonsdale Sports Limited

Claimant

Leofelis SA

Defendant

Procedural Posture

Commercial / Ruling on Application for Stay

Legal Issues

  1. 1 Whether the Milan Proceedings and the 2009 Proceedings are 'related actions' under Article 28 of Council Regulation (EU) No. 44/2001
  2. 2 Whether the English court should grant a stay of proceedings pending resolution of the Milan Proceedings
  3. 3 Which regulatory regime applies: Lugano Convention or Council Regulation (EU) No. 44/2001

Ratio Decidendi

The Milan Proceedings and the 2009 Proceedings are not sufficiently closely connected to constitute 'related actions' under Article 28(3) of Council Regulation (EU) No. 44/2001. The risk of irreconcilable judgments is low, as the Milan court would treat the English court's decision as conclusive on English law issues. The discretion to stay proceedings favours refusal, given the lack of close connection, the advanced stage and likely speed of the English proceedings, and the English court's proximity to the subject matter.

Court Disposition

application for stay dismissed

Orders

  • The application by Leofelis SA for a stay of the claim is dismissed.