Woolley & Anor v Ultimate Products Ltd & Anor [2012] EWHC 339 (Ch) (01 March 2012)

Woolley & Anor v Ultimate Products Ltd & Anor [2012] EWHC 339 (Ch) (01 March 2012)

There is substantial goodwill in HENLEY watches; the use of HENLEYS on watches by the defendants constitutes a misrepresentation likely to cause confusion and damage to the claimants' business; however, no actionable goodwill or misrepresentation was found in relation to jewellery or bags.

Citation
[2012] EWHC 339 (Ch)
Parties
Claimant: Nigel Woolley; Claimant: Timesource Limited; Defendant: Ultimate Products Limited; Defendant: Henley's Clothing Limited
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
Passing Off and Trade Mark Infringement / Trial Judgment on Passing Off Claim; CTM Infringement Claim Stayed
Outcome
Claim for passing off in relation to watches succeeds; claim in relation to jewellery and bags dismissed.
Legal Topics
Passing Off, Trade Mark Infringement, Goodwill, Misrepresentation, Damage, Fashion and Accessories Branding
Intellectual Property Commercial Law Passing Off Trade Mark Infringement Goodwill Misrepresentation Damage Fashion and Accessories Branding

Case Brief

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Parties

Nigel Woolley

Claimant

Timesource Limited

Claimant

Ultimate Products Limited

Defendant

Henley's Clothing Limited

Defendant

Procedural Posture

Passing Off and Trade Mark Infringement / Trial Judgment on Passing Off Claim; CTM Infringement Claim Stayed

Legal Issues

  1. 1 Whether the defendants' use of 'HENLEYS' on watches constitutes passing off against the claimants' 'HENLEY' brand for watches
  2. 2 Whether there is goodwill, misrepresentation, and damage in relation to watches, jewellery, and bags

Ratio Decidendi

There is substantial goodwill in HENLEY watches; the use of HENLEYS on watches by the defendants constitutes a misrepresentation likely to cause confusion and damage to the claimants' business; however, no actionable goodwill or misrepresentation was found in relation to jewellery or bags.

Court Disposition

Claim for passing off in relation to watches succeeds; claim in relation to jewellery and bags dismissed.

Orders

  • Declaration of passing off in relation to watches; relief to be determined if not agreed by parties.