The National Guild of Removers and Storers v Bee Moved et al [2016] EWHC 3192 (IPEC)
The claimant, NGRS, is a trade association representing its members in the removals and storage industry. This was a claim for passing off in respect of statements published on two websites. The first defendant’s, Bee Moved’s, own website included the statement “use a removal company who is a member of the National Guild of Removers and Storers” as part of its moving checklist. An independent third party advertised on behalf of Bee Moved on its website, www.reallymoving.com, and stated that Bee Moved was a “Member of NGRS” in its directory listing.
The court held that the statement on Bee Moved’s website implied that it was a member of NGRS and constituted an actionable misrepresentation, but that Bee Moved was not liable for passing off in respect of the statement on reallymoving.com because it did not know about the advertisement and did not intend its publication. The second and third defendants were shareholding directors of Bee Moved and admitted joint tortfeasance in respect of the misrepresentation on the Bee Moved website. The court held that they would also have been jointly liable for the reallymoving.com advertisement had it constituted passing off by Bee Moved. Injunctive relief was granted.
Adam Gamsa appeared as sole counsel for the claimant.