Intellectual Property Enterprise Court

Claim No: IP-2023-000087 - [2024] EWHC 2947 (IPEC)

Fecha: 21-Nov-2024

List of Issues

List of Issues

As is customary in the Intellectual Property Enterprise Court, a List of Issues for determination at trial was attached to the CMC order made by HHJ Hacon on 6 February 2024. It reads as follows (I have deleted the references to the issues which had since been resolved, and I have used the definitions I have used in this judgment):

Goodwill. Whether Ms Thurgood owned any goodwill under or in connection with WASH WIGGLE & WAG at any material time during the period from about June 2018 onward, including by reason of the use of WASH WIGGLE & WAG by her and/or on her behalf and/or with her licence and/or consent, and if so, to what extent;

Misrepresentation. Whether the Defendants have, or either of them has, caused or are/is likely to have caused, members of the public to be deceived into believing, contrary to the fact, that: (a) the Defendants’ respective businesses and/or services (or any of them) are or were those of Ms Thurgood, or vice versa; and/or that (b) the Defendants’ respective businesses and/or services (or any of them) are or were endorsed, approved, authorised, licensed or franchised by, or somehow otherwise associated in the course of trade with, Ms Thurgood, or vice versa; and

Damage. Whether Ms Thurgood has suffered damage to her said goodwill by reason of the said acts of deception and/or the said likelihood of deception.

The Defendants admitted the acts which were said to amount to a misrepresentation, but denied that those acts constituted a misrepresentation.