Equisafety Limited vs Battle, Hayward and Bower Limited & Richard Michael Dewey

This case involved a dispute between Equisafety Limited and Battle, Hayward and Bower Limited, along with Richard Michael Dewey, concerning trade mark infringement and passing off.

TLDR:

• Equisafety Limited claimed trade mark infringement and passing off against Battle, Hayward and Bower Limited and Richard Michael Dewey.
• The court found the First Defendant liable for both infringement and passing off.
• The Quantum trial determined the amount due in respect of profits and interest, along with the costs of both trials.

The claimant, Equisafety Limited, filed a lawsuit against Battle, Hayward and Bower Limited and Richard Michael Dewey, alleging trade mark infringement and passing off. The dispute arose from the First Defendant's use of a trade mark similar to that of the Claimant, which led to confusion among consumers.

In December 2021, the court found the First Defendant liable for both trade mark infringement and passing off. However, the Second Defendant, Richard Michael Dewey, was not found personally liable. Various forms of relief were ordered, including a declaration and an injunction, but the question of costs was reserved.

Following the Liability trial, the Claimant elected to pursue an account of profits. The Quantum trial was held to determine the amount due to the Claimant in respect of profits and interest, as well as the costs of both the Liability and Quantum trials.

On 21 July 2023, the court handed down its judgment from the Quantum trial. The First Defendant was ordered to pay the Claimant £12,568 in profits, along with £2,140.92 in interest. The court also assessed the Claimant's costs of the Liability trial at £33,763.15, including court fees, but this amount was reduced to £22,263.15 after setting off the Defendants' costs.

The court found the Claimant to be the successful party in the Quantum proceedings. However, since the amount awarded was less than the sum offered by the First Defendant in a Part 36 offer, the First Defendant was entitled to its costs after the offer expired. The court awarded the Claimant £2,250 for the initial stages of the Quantum trial and assessed the Defendant's costs from the CMC onwards at £23,000.

Two points remained undecided: the First Defendant's request for interest on its costs and the Claimant's alleged unreasonable behavior post-judgment. The court held that interest could not be added to the Defendant's costs due to the IPEC stage and overall costs cap. Additionally, the court did not find the Claimant's behavior to be an abuse of process or justify lifting the IPEC cap.

The court did, however, award the First Defendant an additional £2,000 for costs occasioned by the adjournment of the Form of Order hearing, taking the total costs due to the Defendant for the Quantum proceedings to £25,000. This amount was to be set off against the costs due to the Claimant in respect of the Quantum proceedings.

The court concluded by requesting a revised draft Order reflecting the points decided in the judgment.