The National Guild of Removers & Storers Ltd v Central Moves Ltd & Anor

The National Guild of Removers & Storers Ltd v Central Moves Ltd & Anor

Central Moves Limited was not liable for passing off as NGRS failed to establish the necessary facts; damages were properly assessed on the user principle due to the limited scope of infringement; costs were correctly awarded on the small claims track scale from the date of allocation.

Parties
Claimant/appellant: The National Guild of Removers & Storers Limited; First Defendant/respondent: Central Moves Limited; Second Defendant/respondent: Scott Rust
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Passing Off, Damages Assessment, Costs Allocation
Intellectual Property Tort Passing Off Damages Assessment Costs Allocation

Case Brief

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Parties

The National Guild of Removers & Storers Limited

Claimant/appellant

Central Moves Limited

First Defendant/respondent

Scott Rust

Second Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Central Moves Limited was liable for passing off
  2. 2 Whether Mr Rust's liability as joint tortfeasor continued after CMUK ceased trading
  3. 3 Appropriate method for assessing damages

Ratio Decidendi

Central Moves Limited was not liable for passing off as NGRS failed to establish the necessary facts; damages were properly assessed on the user principle due to the limited scope of infringement; costs were correctly awarded on the small claims track scale from the date of allocation.

Court Disposition

appeal dismissed

Orders

  • No change to liability findings
  • No change to damages assessment