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Lunar Holdings Ltd v Lunar Caravans Ltd

Area of Law: Intellectual Property

In Lunar Holdings Ltd v Lunar Caravans Ltd, Thomas Braithwaite blended IP and company law when he appeared in the IPEC for defendants accused of breach of a trade mark licence. A summary judgment application was defeated on the grounds that the claimant arguably did not have good title to the trade mark, having acquired it by way of an unlawful return of capital and disguised distribution by a company to its shareholder.