Case No. EWHC-1798-(IPEC)

273.In summary, my findings on each of the issues for trial is set out below.Passing off(i)When did the Defendants commence the acts complained of (‘the relevant date’)?The relevant date is Autumn 2018.(ii)At the relevant date, was AWEL (or AWEL and Mr Williams together) the owner(s) of goodwill associated with the Rubettes Names or any of them?At the relevant date, the Claimants were the owners of relevant goodwill.(iii)At the relevant date, were the Defendants or any of them the owners of any goodwill associated with the Defendants’ Signs or any of them.At the relevant date, the Defendants did not own any relevant goodwill.(iv)In the light of the above, does the use by the Defendants of the Defendants’ Signs or any of them amount to a misrepresentation that the Defendants’ live music events, merchandising, music sales and associated goods and services are the goods and services of the First Claimant (alternatively the Claimants together) or are otherwise associated or connected with or authorised by the First Claimant (alternatively the Claimants together)?The Defendants’ conduct amounts to a misrepresentation sufficient to engage the tort of passing off.(v)Has any misrepresentation made by the Defendants damaged or is it likely to damage any goodwill found owned by the AWEL (alternatively AWEL and Mr Williams together)?The misrepresentation has caused damage to the Claimants’ goodwill.Trade mark invalidity(vi)Was the application for the UK TM made in bad faith?Yes.(vii)In light of the findings on passing off and bad faith, is the UK TM invalid?Yes.General(viii)If passing off is shown, were the acts of passing off flagrant and/or calculated to benefit the Defendants in excess of the likely damages?Not yet determined.274.In conclusion, the Claimants have succeeded and the only remaining issue is as to the consequences of that success.275.I shall dealt separately with submissions from counsel on remedies and issues relating to the final order.1 Rahbarpoor & Anor v Suliman & Ors [2022] EWHC 1093 (Ch)