Lumos Skincare Ltd v Sweet Squared Ltd & Anor

Lumos Skincare Ltd v Sweet Squared Ltd & Anor

The defendants' Community trade mark registration does not bar an injunction for passing off; the claimant is entitled to a general injunction, delivery up (with exception for goods destined for Ireland), damages/account, publicity, and costs, subject to specified deductions and suspensions.

Parties
Claimant/appellant: Lumos Skincare Ltd; Defendant/respondent: Sweet Squared Ltd; Defendant/respondent: Famous Names LLC; Defendant/respondent: Sweet Squared (UK) LLP
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Civil Appeal / Post Appeal Judgment and Orders
Outcome
Appeal allowed; injunction granted; orders made for delivery up, damages/account, publicity, costs, and interim payment; stay and suspension granted on specified terms.
Legal Topics
Passing Off, Trade Mark Injunction, Costs, Delivery Up, Stay Pending Appeal
Intellectual Property Civil Procedure Passing Off Trade Mark Injunction Costs Delivery Up Stay Pending Appeal

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Lumos Skincare Ltd

Claimant/appellant

Sweet Squared Ltd

Defendant/respondent

Famous Names LLC

Defendant/respondent

Sweet Squared (UK) LLP

Defendant/respondent

Procedural Posture

Civil Appeal / Post Appeal Judgment and Orders

Legal Issues

  1. 1 Whether an injunction should be granted against passing off using the trade name LUMOS
  2. 2 Whether the defendants' Community trade mark registration is a defence to passing off
  3. 3 Whether the injunction should be suspended to allow business adaptation or pending appeal

Ratio Decidendi

The defendants' Community trade mark registration does not bar an injunction for passing off; the claimant is entitled to a general injunction, delivery up (with exception for goods destined for Ireland), damages/account, publicity, and costs, subject to specified deductions and suspensions.

Court Disposition

Appeal allowed; injunction granted; orders made for delivery up, damages/account, publicity, costs, and interim payment; stay and suspension granted on specified terms.

Orders

  • General injunction against passing off using LUMOS or confusingly similar trade names in UK
  • Suspension of injunction until 31 July 2013 for business adaptation