![IP-2023-000120 - [2025] EWHC 1793 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Misrepresentation and damage
Misrepresentation and damage:
Arnold LJ in Lidl at [32] to [35] set out a summary of the law on the elements of misrepresentation and damage. The misrepresentation must be one that is likely to cause substantial damage to the goodwill in the business. If NHBCL has not established goodwill it is not necessary to consider misrepresentation or whether any misrepresentation has caused damage (or the likelihood of damage).
The claim for passing off therefore fails.
- Heading
- 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