header-logo header-logo

29 January 2010
Issue: 7402 / Categories: Case law , Law digest
printer mail-detail

Passing off

Diageo North America Inc and another v Intercontinental Brands (ICB) Ltd and others [2010] EWHC 17 (Ch), [2010] All ER (D) 133 (Jan)

It was established that passing off was characterised by five characteristics which had to be present in order to create a valid cause of action (i) there had to be a misrepresentation; (ii) made by a trader in the course of trade; (iii) to prospective customers of his or ultimate consumers of goods and services supplied by him; (iv) which was calculated to injure the business or goodwill of another trader; and (v) which caused actual damage to the business or goodwill of the trader by whom the action was brought.

The term “extended passing off” was a term that referred to a type of case in which suppliers of products of a particular description, sought to restrain rival traders from using that description or a confusingly similar term, in relation to goods which did not correspond to that description on the ground of passing off. In regard to misrepresentation, it was for the court

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll