The National Guild of Removers And Storers Ltd v Luckes & Ors

The National Guild of Removers And Storers Ltd v Luckes & Ors

ALS was liable for passing off on its own website due to direct control, regardless of knowledge. The directors, Mr and Mrs Luckes, were not jointly liable as they lacked knowledge and active cooperation. The defendants were not liable for passing off on the Reallymoving Website as they did not authorize or know of the misrepresentation. Damages were properly assessed using the user principle. Costs were awarded in accordance with the Small Claims Track rules.

Parties
Claimant/appellant: The National Guild of Removers and Storers Limited; Defendant/respondent: Alexander Justin Luckes; Defendant/respondent: Sally Luckes; Defendant/respondent: A. Luckes & Sons (Removals and Storage) Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Passing Off, Joint Tortfeasance, Damages, Costs
Intellectual Property Tort Passing Off Joint Tortfeasance Damages Costs

Case Brief

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Parties

The National Guild of Removers and Storers Limited

Claimant/appellant

Alexander Justin Luckes

Defendant/respondent

Sally Luckes

Defendant/respondent

A. Luckes & Sons (Removals and Storage) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Liability for passing off on third-party website
  2. 2 Liability for passing off on own company website
  3. 3 Joint tortfeasance of directors

Ratio Decidendi

ALS was liable for passing off on its own website due to direct control, regardless of knowledge. The directors, Mr and Mrs Luckes, were not jointly liable as they lacked knowledge and active cooperation. The defendants were not liable for passing off on the Reallymoving Website as they did not authorize or know of the misrepresentation. Damages were properly assessed using the user principle. Costs were awarded in accordance with the Small Claims Track rules.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • ALS liable for passing off on ALS Website
  • Mr and Mrs Luckes not jointly liable for passing off on ALS Website