![IP-2023-000120 - [2025] EWHC 1793 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
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Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
MASTER KAYE SITTING AS A DEPUTY HIGH COURT JUDGE
Between:
(1) NATASHA COURTENAY-SMITH (2) NOTTING HILL BAG COMPANY LIMITED | Claimants |
- and - | |
(1) THE NOTTING HILL SHOPPING BAG COMPANY LIMITED (2) NANGIALAI TAKANAI (3) THE NOTTING HILL SHOPPER BAG. LTD (4) EHSANULLAH TAKANAI | Defendants |
Joshua Marshall (instructed by Briffa LLP) for the Claimants
Dr Jamie Muir Wood (instructed by J P Mitchell Solicitors) for the Defendants
Hearing dates: 7 and 8 April 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 18 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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MASTER KAYE SITTING AS A DEPUTY HIGH COURT JUDGE
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- Master Kaye Sitting as a Deputy High Court Judge
- Representation and Witnesses
- Witnesses
- Trade Mark: Issues [1] to [4]
- Conclusion on Issue 1(a)
- Chronology in relation to Issue 1(a)
- Dissolution
- Restoration/Vesting
- Trade Mark renewal
- Post Restoration
- Beneficial Interest?
- Issues [1] to [4]
- Issue [3] – Ownership
- Issue [2] – revocation for non-use
- Issue [1(b)] – Invalidity
- Issue [4] – Infringement
- Passing Off - Issues [5] to [8]
- Goodwill
- Has the goodwill passed to NHBCL?
- Organic Hill goodwill
- The Restored Company’s goodwill
- Abandonment
- NHBCL’s goodwill?
- Evidence of NHBCL goodwill
- Misrepresentation and damage
- Copyright - Issues [9] to [12]
- Artistic Copyright
- Copyright infringement
- The Defendants signs
- Joint Tortfeasors - Issue [14]
- Next steps