New guidance on assessing an account for profits of passing off
HHJ Pelling QC has offered some useful guidance on assessing an account of profits for passing off in his recent judgment, Nigel Woolley & Others v Up Global Sourcing UK Ltd & Others  EWHC 493.
The first claimant, Mr Woolley, was the owner of the Community trademark HENLEY for, among other things, watches. He exclusively licensed the trademark to the second claimant, Timesource, which offered a range of watches, including one range under the HENLEY brand.
The second defendant, Henleys Clothing (subsequently renamed The Lacmanda Group), was the owner of trademark HENLEYS for, among other things, clothes. It granted the first defendant, Ultimate Products (subsequently renamed Up Global Sourcing UK), a licence to use its trademark on watches. Ultimate Products then supplied a range of watches bearing the HENLEYS mark to wholesalers. It also supplied a small amount of these watches to Henleys Clothing, which sold them through its website and passed the remainder on at cost to its retail arm, Henleys Retail…
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