Intellectual Property Enterprise Court

Claim No: IP-2021-000114 - [2023] EWHC 3153 (IPEC)

Fecha: 08-Dic-2023

GreenScape. A New Name

GreenScape. A New Name

A change of name and location, but no change in our commitment to matching the best candidates to jobs that will develop and advance their careers!

We never liked the name “Cosmopolitan Recruitment”. It sounds like a cocktail, has no connection with what we do, and it's difficult to use on the telephone.

So, as we are more likely to have a pint and we work exclusively in the Landscaping and Gardens sector we felt that GreenScape was a much better alternative.

The contact number remains the same BUT the address and, importantly the e-mail have changed. GreenScape wasn't available as a domain so we've added an ‘r’ on the end for recruitment and become GreenScaper ([email protected]).

The Claimant claims in passing off. It also claims in breach of confidence in under Mr Ludley’s contract of employment with the Claimant and also in equity.

In relation to the claim in passing off, the Defendants accept that the Claimant has goodwill in the unregistered mark ‘Cosmopolitan Recruitment’ and that the 27 June Email amounts to a misrepresentation that the services of the Second Defendant were those of the Claimant, but they deny that any damage was caused by the 27 June Email and so plead that the Claimant’s case in passing off fails for causation. Their case is that none of those who were emailed were in truth misled to the extent that when they did business with GreenScape they thought they were dealing with the Claimant. They plead that they ‘suspect’ that the 27 June Email was simply ignored by those to whom it was sent.

In relation to the claims in breach of confidence, the Defendants deny that the Claimant Client List utilised to send the 27 June Email is confidential information. They plead it is no more than “a collection of well-known contact details which are generally available from trade publications, email finders and cannot be described as a secret which can be protected”.

It is convenient to note here that various other matters pleaded by the Claimant (including unlawful means conspiracy and other alleged breaches of contract) and Mr Ludley’s counterclaim for unpaid wages are no longer pursued.