Duadata Limited v Tian Cha Le Limited

Duadata Limited v Tian Cha Le Limited

Duadata is entitled to damages for passing off based on reasonable assumptions about lost franchise opportunities, but VAT should not be included in the award.

Parties
Claimant: Duadata Limited; Defendant: Tian Cha Le Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2026
Procedural Posture
Civil / Inquiry as to Damages After Default Judgment
Outcome
Judgment for the claimant on damages
Legal Topics
Passing Off, Damages Assessment, Franchise Agreements
Intellectual Property Commercial Law Passing Off Damages Assessment Franchise Agreements

Case Brief

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Parties

Duadata Limited

Claimant

Tian Cha Le Limited

Defendant

Procedural Posture

Civil / Inquiry as to Damages After Default Judgment

Legal Issues

  1. 1 Whether Duadata suffered loss due to TCL's acts of passing off
  2. 2 How to quantify damages for passing off in absence of direct evidence

Ratio Decidendi

Duadata is entitled to damages for passing off based on reasonable assumptions about lost franchise opportunities, but VAT should not be included in the award.

Court Disposition

Judgment for the claimant on damages

Orders

  • TCL to pay Duadata £14,350 as damages for passing off
  • Court to hear submissions on costs and further orders