Wilberforce J said: ‘The basis of the action, as shown in Spalding v Gamage (1915), 32 RPC 273, is a proprietary right, not so much in the name itself, but in the goodwill established through use of the name in connection with the plaintiff’s goods. I draw, of course, from Lord Parker of Waddington’s well-known opinion in that case. The plaintiff must show that the name has become distinctive of his goods, and that a reputation has attached to them under the name in question, and that use by the defendant of the name is likely to cause confusion resulting in damage to the goodwill of the plaintiff.’
Judges:
Wilberforce J
Citations:
[1962] RPC 163
Jurisdiction:
England and Wales
Citing:
Applied – Spalding (A G ) and Brothers v A W Gamage Ltd HL 1915
The House considered the requirements for the tort of passing off. The judge has the sole responsibility for deciding whether anybody has been misled. He will hear evidence, but must not surrender his assessment to others.
Lord Parker said: . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 30 April 2022; Ref: scu.230352