Practice - Thomas v Luv One Luv All Promotions
Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke) Thomas v Luv One Luv All Promotions Ltd and another [2020] EWHC 1565 (IPEC) (17 June 2020) This was an application to strike out part of the defence to the claimant's action for passing off and transfer or cancellation of the second defendant's trade mark registration on grounds of cause of action estoppel, issue estoppel, the principle in Henderson v Henderson, and abuse of process or, alternatively, summary judgment under Part 24 of the Civil Procedure Rules. The application was issued on 28 Feb 2010 which was a few days before the case management conference of 6 March 2020 at which several issues were ordered to be tried . The application came on before Her Honour Judge Melissa Clarke who considered it on paper at the parties' request. The Facts Between 1986 and 2016 the claimant and the second defendant had been members of a band called LOVE INJECTION or LUV ...