The court discussed the relationship between an action for trade mark infringement, and for passing off: ‘when an injunction is granted to restrain the use of a mark calculated to pass off the defendant’s goods as those of the plaintiff, by reason of its resemblance to his unregistered mark, it should be so limited as to leave it open for the defendant to use any part, or the whole, of the plaintiff’s unregistered mark, if he can do so, in any manner which is not calculated to lead to deception.’
Citations:
(1903) 20 RPC 477
Cited by:
Cited – Inter Lotto (UK) Limited v Camelot Group Plc ChD 6-Jun-2003
The claimant asserted that the defendant had infringed its goodwill in the name ‘Hot Picks’ the defendant argued that it was licensed to use the mark by the person who applied for its registration as a trade mark, and that the claim in passing off . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Torts – Other
Updated: 08 May 2022; Ref: scu.183309
