Fenty & Ors v Arcadia Group Brands Ltd & Anor

Fenty & Ors v Arcadia Group Brands Ltd & Anor

The respondents succeeded on the central issue of liability for passing off. The judge properly exercised his discretion in awarding them costs, having considered the relevant undertakings and offers. The appellants' offers did not match the relief granted, and there was no error in the judge's approach.

Parties
Claimant/respondent: Robyn Rihanna Fenty; Claimant/respondent: Roraj Trade LLC; Claimant/respondent: Combermere Entertainment Properties, LLC; Defendant/appellant: Arcadia Group Brands Limited; Defendant/appellant: Topshop/Topman Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2015
Procedural Posture
Civil Appeal / Judgment on Costs
Outcome
appeal dismissed
Legal Topics
Passing Off, Costs, Injunctions
Intellectual Property Civil Procedure Passing Off Costs Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Robyn Rihanna Fenty

Claimant/respondent

Roraj Trade LLC

Claimant/respondent

Combermere Entertainment Properties, LLC

Claimant/respondent

Arcadia Group Brands Limited

Defendant/appellant

Topshop/Topman Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in awarding costs to the respondents after finding liability for passing off
  2. 2 Whether the judge failed to consider relevant undertakings and offers by the appellants

Ratio Decidendi

The respondents succeeded on the central issue of liability for passing off. The judge properly exercised his discretion in awarding them costs, having considered the relevant undertakings and offers. The appellants' offers did not match the relief granted, and there was no error in the judge's approach.

Court Disposition

appeal dismissed

Orders

  • Appeal on costs dismissed
  • Parties to draw up and agree a final order reflecting this ruling and the judgment on liability