Claim No: IP-2022-000077 - [2024] EWHC 234 (IPEC)

The First Defendant states that following the expiry of the stay in April 2023, it became aware of evidence that the proposed Third to Sixth Parties were liable for the alleged passing off which is the subject of the First Defendant’s Counterclaim. Following correspondence between the parties’ and proposed parties’ respective solicitors, the First Defendant’s application to join the proposed Third to Sixth Parties and to make consequential amendments to the Defence and Counterclaim was issued on 6 September.

In summary, the First Defendant contends that the proposed Third to Sixth Parties are liable for the Claimant’s decision to rebrand as ‘Wise’ and the consequent pleaded acts of passing off. The First Defendant argues that the Claimant and the proposed Third Party are primarily liable for those acts and that the proposed Fourth to Sixth Parties are jointly liable on the basis that they authorised and/or procured and/or, together with the Claimant and the Third Party, participated in a common design in relation to those acts. As the Third Party has consented to be joined (while denying the allegations), nothing further is said about its position.