Grenade (UK) Ltd v Grenade Energy Ltd & Anor

Grenade (UK) Ltd v Grenade Energy Ltd & Anor

Summary judgment granted as there is no real prospect of the defendants successfully defending the claims of passing off or joint tortfeasance; misrepresentation and goodwill are admitted, damage is inevitable, and the second defendant was sole instigator and controller of the acts.

Parties
Claimant: Grenade (UK) Limited; First Defendant: Grenade Energy Limited; Second Defendant: Mr Chawla
Jurisdiction
England and Wales
Judgment Date
10 March 2016
Procedural Posture
Intellectual Property / Summary Judgment Application
Outcome
summary judgment granted for claimant
Legal Topics
Trademark Infringement, Passing Off, Joint Tortfeasance, Summary Judgment
Intellectual Property Tort Trademark Infringement Passing Off Joint Tortfeasance Summary Judgment

Case Brief

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Parties

Grenade (UK) Limited

Claimant

Grenade Energy Limited

First Defendant

Mr Chawla

Second Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants infringed the claimant's EU trademarks
  2. 2 Whether the defendants committed passing off
  3. 3 Whether the second defendant is jointly liable for tortious acts

Ratio Decidendi

Summary judgment granted as there is no real prospect of the defendants successfully defending the claims of passing off or joint tortfeasance; misrepresentation and goodwill are admitted, damage is inevitable, and the second defendant was sole instigator and controller of the acts.

Court Disposition

summary judgment granted for claimant

Orders

  • Summary judgment in favour of claimant for passing off and joint tortfeasance
  • Defence struck out