[2023] EWHC 1480 (IPEC)

the litigation was commenced by claim form dated 31 October 2022;

the Defence and Counterclaim was served on 13 December 2022;

the Claimants’ Reply and Defence to Counterclaim was served on 11 January 2023;

the Application was issued on 13 March 2023.

JBC manufactures and distributes products made from Jamaican black castor oil sold under the sign ‘SUNNY ISLE’;

JBC has trade mark registrations for “hair oils; castor oil for cosmetic purposes; body oils”;

JBC claims that its trade marks have a reputation and that it owns goodwill in the UK for the goods for which those trade marks are registered;

JBC alleges that the Defendants have sold goods bearing JBC’s trade marks which are in fact counterfeit and claims that they have infringed its trade marks and passed off those goods as genuine goods;

JBC alleges that Mr Mudahy and Mr Hussain are jointly liable for the alleged acts.

That JBC must prove that it purchased the alleged counterfeit goods from them;

That all allegedly counterfeit goods were originally bought from JBC or its authorised suppliers;

That the differences between the allegedly counterfeit goods and those accepted to be genuine goods arise from JBC varying its packaging.

unjustified threats; and

compensation for unsold stock and/or stock returned by Sainsbury’s.