Issue estoppel, partnership assets and ownership of goodwill (Thomas v One Luv All Promotions Ltd)

Article summary

IP analysis: The Court of Appeal has allowed an appeal against an Intellectual Property Enterprise Court (IPEC) judgment which had struck out a defence on the basis of issue estoppel. The underlying dispute concerned the ownership of the goodwill in a name belonging to a musical group that split up in 2016. After that date, one of two brothers applied to register the name as a trade mark. The UK Intellectual Property Office (UKIPO) hearing officer rejected that application. In subsequent civil proceedings for passing off, it was alleged that the hearing officer’s decision that the goodwill in the name had belonged to the band as a partnership was binding and that the defence concerning ownership of the goodwill ought to be struck out. The Court of Appeal found that the hearing officer had failed to appreciate the legal distinction between a partnership and an unincorporated association. Given the defendant could not have appealed the hearing officer’s...