Trade Marks and Passing off - Hayman-Joyce Property v Hayman-Joyce Broadway

Broadway Author Richard Slessor Licence CC BY-SA 2.0 Source Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Michaels) Hayman-Joyce Property Ltd v Hayman-Joyce Broadway LLP and another [2023] EWHC 1028 (IPEC) (2 May 2023) This was an action for trade mark and copyright infringement and passing off. There was also a counterclaim for invalidation of the trade mark. The claimant and first defendant were estate agencies that had been founded by James Hayman-Joyce. James's son Thomas managed the claimant. The second defendant who had been James's business partner managed the first defendant. The trade marks HAYMAN JOYCE and HAYMAN-JOYCE had been registered by the claimant for various services in classes 35 and 36 under trade mark number UK3350970 in the face of vigorous opposition from the second defendant on 8 Oct 2020. The Dispute Relations between the parties began to deteriorate after 2010. There was disagreement over the use of...