Helme & Ors v Maher & Anor

Helme & Ors v Maher & Anor

The defendants were licensed by Mrs Helme to use the 'Hidden Gem' trade name, logo, and photograph for any purpose reasonably considered to be for the advancement of the joint enterprise, and the licence persisted until 9 April 2010. All acts complained of were within the scope of the licence or sub-licence, and no unlawful use occurred. There was no accord and satisfaction settling the dispute.

Parties
Claimant: Janet Helme; Claimant: Laura Helme; Claimant: Hidden Gem Jewellery Company (A Firm); Defendant: Richard Maher; Defendant: Michael Green
Jurisdiction
England and Wales
Judgment Date
02 November 2015
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Copyright, Passing Off, Licensing, Goodwill, Franchise Agreements
Intellectual Property Commercial Law Copyright Passing Off Licensing Goodwill Franchise Agreements

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Parties

Janet Helme

Claimant

Laura Helme

Claimant

Hidden Gem Jewellery Company (A Firm)

Claimant

Richard Maher

Defendant

Michael Green

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants were licensed to use the 'Hidden Gem' trade name, logo, and photograph.
  2. 2 Whether the defendants' acts constituted passing off and/or copyright infringement.
  3. 3 Whether there was accord and satisfaction settling the dispute.

Ratio Decidendi

The defendants were licensed by Mrs Helme to use the 'Hidden Gem' trade name, logo, and photograph for any purpose reasonably considered to be for the advancement of the joint enterprise, and the licence persisted until 9 April 2010. All acts complained of were within the scope of the licence or sub-licence, and no unlawful use occurred. There was no accord and satisfaction settling the dispute.

Court Disposition

Claim dismissed