Intellectual Property Enterprise Court

Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)

Fecha: 24-Jul-2025

Joint tortfeasorship for passing off – pre-notification

Joint tortfeasorship for passing off – pre-notification

156.

The Claimants’ opening written submissions set out their pre-notification position in relation to passing off as follows (with my comments interpolated):

GM Drinks was said to be liable as a primary tortfeasor for passing off – I have found this to be the case in relation to the First Label only;

ii)

BSH was said to be liable as a primary tortfeasor under the doctrine of instruments of deception – I have found this not to be made out, on the basis that BSH has done nothing at all the United Kingdom on which to found primary liability.

157.

Thus, I need to assess joint tortfeasorship by BSH and Mr Patch in relation to GM Drinks’ liability for passing off in relation to the First Label. As with copyright infringement as set out above, prior to 13 April 2020, there is no evidence that BSH or Mr Patch knew of the existence of the Work, or of Ms Martin or her work more generally, until they were informed by her. Thus, any allegation of joint tortfeasorship prior to 13 April 2020 fails.