Lifestyle Equities CV & Anor v SportsDirect.com Retail Ltd & Ors

Lifestyle Equities CV & Anor v SportsDirect.com Retail Ltd & Ors

Non-registration of a licence does not bar the proprietor or exclusive licensee from recovering losses suffered by licensees in infringement proceedings; section 30(6) requires the court to take such losses into account, and late registration is permissible for licensee protections. Joinder of sub-licensees is not required unless statutory rights exist.

Parties
Proprietor: Lifestyle Equities CV; Exclusive Licensee: Lifestyle Licensing BV; Applicant/respondent: SportsDirect.com Retail Ltd; Applicant/respondent: SDI Brook Ltd; Applicant/respondent: SDI (Brook Row) Ltd; Applicant/respondent: Republic.com Retail Ltd
Jurisdiction
England and Wales
Judgment Date
16 June 2025
Procedural Posture
Summary Judgment Application / Post Liability, Damages Inquiry
Outcome
Application for summary judgment dismissed
Legal Topics
Trade Mark Licensing, Damages Assessment, Registrable Transactions, Joinder of Parties, Statutory Interpretation
Intellectual Property Commercial Law Trade Mark Licensing Damages Assessment Registrable Transactions Joinder of Parties Statutory Interpretation

Case Brief

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Parties

Lifestyle Equities CV

Proprietor

Lifestyle Licensing BV

Exclusive Licensee

SportsDirect.com Retail Ltd

Applicant/respondent

SDI Brook Ltd

Applicant/respondent

SDI (Brook Row) Ltd

Applicant/respondent

Republic.com Retail Ltd

Applicant/respondent

Procedural Posture

Summary Judgment Application / Post Liability, Damages Inquiry

Legal Issues

  1. 1 Whether losses suffered by sub-licensees can be recovered by the proprietor/exclusive licensee in infringement proceedings without registration of the sub-licence under the Trade Marks Act 1994
  2. 2 Whether sub-licensees must be joined to proceedings to recover their losses
  3. 3 Whether late registration of sub-licences cures non-registration for purposes of damages recovery

Ratio Decidendi

Non-registration of a licence does not bar the proprietor or exclusive licensee from recovering losses suffered by licensees in infringement proceedings; section 30(6) requires the court to take such losses into account, and late registration is permissible for licensee protections. Joinder of sub-licensees is not required unless statutory rights exist.

Court Disposition

Application for summary judgment dismissed

Orders

  • Costs reserved to the outcome of the case management conference
  • Parties to frame consequential orders as appropriate