Cases

Daikin Europe N.V. v Daikin International Ltd

Comment

The Court of Appeal in Halifax plc v Halifax Repossessions Ltd [2004] EWCA Civ 331 held that in order for the court to make an order requiring a company to effect a change of name, the procedures in the Companies Act 1985 governing name change could not be circumvented. Accordingly, it was necessary for applicants to seek mandatory orders against the members of the company requiring them to change the company name. Joining a John Doe defendant (specified as all members of the company) avoided the difficulty of the order not being enforceable if the named joined members have changed by the date the order is granted or other members have joined, whether this was done deliberately to defeat the order or innocently as part of a mere change in the membership.

Areas of work

Injunctive Relief
Intellectual Property
Passing off
Professional Discipline
Trade Marks

Also