When asking whether one kind of sweet, contained in a distinctive toy-like packaging constituted a passing off in respect of another, the court should recognise that though an adult might make many fine distinctions between the two, the view that mattered was that of a child who might buy the sweets. It was correct here for the judge to attempt to look at the packaging through the eyes of a child.
Citations:
Times 14-Feb-2000
Intellectual Property
Updated: 10 April 2022; Ref: scu.89847
