The court considered the requirements to establish an offence under the 1968 Act: ‘I think that, where a false description is attached to goods, its effect can be neutralised by an express disclaimer or contradiction of the message contained in the trade description. To be effective any such disclaimer must be as bold, precise and compelling as the trade description itself and must be as effectively brought to the notice of any person to whom the goods may be supplied. In other words the disclaimer must equal the trade description in the extent to which it is likely to get home to anyone interested in receiving the goods.’
Judges:
Lord Widgery CJ
Citations:
[1974] 1 WLR 1229
Statutes:
Cited by:
Approved – Regina v Southwood CACD 1-Jul-1987
Where a car dealer had falsified the odometer on a car he was selling, a disclaimer as to the car’s mileage was ineffective to provide a defence under the 1968 Act. . .
Cited – Alan Kenneth McKenzie Clark v Associated Newspapers Ltd PatC 21-Jan-1998
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off.
Held: The first issue was whether a . .
Lists of cited by and citing cases may be incomplete.
Consumer
Updated: 30 April 2022; Ref: scu.214639