A partner at Willans LLP solicitors has won a case concerning an intellectual property (IP) license and merchandising agreement, after Silverstone-based Formula 1 team, Force India went into liquidation.

Paul Gordon - who is head of Gloucestershire-based firm Willans' dispute resolution team - acted for Stichd Sportsmerchandising BV in their High Court case against the liquidators in Re Force India One Team 2022 EWHC 933 (Ch).

Part of the PUMA Group, Stichd design and produce merchandise and apparel for various sports, including the Formula 1 market, and has a global presence, with sales offices around the world.

In 2017, Stichd acquired the rights and obligations of a licensing and merchandising agreement with the Force India F1 Team, who later went into administration.

Force India was sold to Racing Point UK Limited who later continued to operate the Racing Point F1 team. However, there was no attempt made by the administrators to transfer Stichd's agreement with Force India to Racing Point UK.

Stichd were later forced to take High Court action when the then liquidators of Force India rejected their proof of debt.

When the matter proceeded to trial in March 2022, Willans instructed Jamie Muir Wood of Hogarth Chambers as counsel.

Stichd were successful in their case that a term should be implied into the agreement that Force India would continue to operate a Formula 1 team for the term of that agreement. As such, Stichd proved its entitlement to recover the debt in the liquidation of Force India and Stichd will continue to ask the court to quantify the debt it is owed.

The judgment of the case can be seen here: https://www.bailii.org/ew/cases/EWHC/Ch/2022/933.html 

Paul Gordon is a partner at Willans and is recommended by national independent guides, Chambers UK and The Legal 500, who named him a "leading lawyer" in the South West in both 2021 and 2022.

Paul helps national and international clients to resolve a range of commercial and civil disputes, often working on complex commercial and IP cases.