Lifestyles Equities C.V. & Anor v The Copyrights Group & Ors

Lifestyles Equities C.V. & Anor v The Copyrights Group & Ors

The claimants failed to plead or establish a real prospect of success that the proposed additional defendants (D9, D10, D11, D12) acted outside their constitutional roles as directors or parent company, or were actively involved in the alleged infringing acts. Mere board membership, managerial accountability, or parent company status is insufficient for joint tortfeasor liability. The application to join the additional defendants is dismissed.

Parties
Claimant: Lifestyles Equities C. V.; Claimant: Lifestyle Licensing B. V.; Defendant: The Copyrights Group; Defendant: Nicholas Francis Durbridge; Defendant: Greenwich Polo Club, Inc; Defendant: PJB Brand Limited; Defendant: Makezo Limited; Defendant: George Chirsitides & Co EE; Defendant: Vison AP DWW-LLC; Defendant: Fibertex Mon IKE; Proposed Defendant: Vivendi Village SAS; Proposed Defendant: Corinne Marguerite Anastasie Bach; Proposed Defendant: Peggy Nadia Aline Bathias; Proposed Defendant: Simon John Gillham
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Intellectual Property / Interlocutory Application—joinder of Additional Defendants
Outcome
application dismissed
Legal Topics
Joint Tortfeasorship, Director Liability, Parent Company Liability, Amendment of Pleadings, Joinder of Parties
Intellectual Property Company Law Joint Tortfeasorship Director Liability Parent Company Liability Amendment of Pleadings Joinder of Parties

Case Brief

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Parties

Lifestyles Equities C. V.

Claimant

Lifestyle Licensing B. V.

Claimant

The Copyrights Group

Defendant

Nicholas Francis Durbridge

Defendant

Greenwich Polo Club, Inc

Defendant

PJB Brand Limited

Defendant

Makezo Limited

Defendant

George Chirsitides & Co EE

Defendant

Vison AP DWW-LLC

Defendant

Fibertex Mon IKE

Defendant

Vivendi Village SAS

Proposed Defendant

Corinne Marguerite Anastasie Bach

Proposed Defendant

Peggy Nadia Aline Bathias

Proposed Defendant

Simon John Gillham

Proposed Defendant

Procedural Posture

Intellectual Property / Interlocutory Application—joinder of Additional Defendants

Legal Issues

  1. 1 Whether proposed additional defendants (D9, D10, D11, D12) should be joined as parties for alleged joint tortfeasorship in trade mark infringement
  2. 2 Whether directors and parent company can be liable as joint tortfeasors for acts done in their constitutional roles

Ratio Decidendi

The claimants failed to plead or establish a real prospect of success that the proposed additional defendants (D9, D10, D11, D12) acted outside their constitutional roles as directors or parent company, or were actively involved in the alleged infringing acts. Mere board membership, managerial accountability, or parent company status is insufficient for joint tortfeasor liability. The application to join the additional defendants is dismissed.

Court Disposition

application dismissed

Orders

  • Joinder application to add Vivendi Village SAS, Corinne Marguerite Anastasie Bach, Peggy Nadia Aline Bathias, and Simon John Gillham as defendants is dismissed.