Action for passing off, in which the claimant sought damages and injunctive relief. David Richards J said: ‘A reputation on a relatively small scale will still attract the protection of a claim in passing off, but at some point the reputation may exist among such a small group of people that it will not do so. The minimum size of goodwill required for this purpose is a matter of fact and degree. A claim in passing off cannot be sustained to protect goodwill which any reasonable person would consider to be trivial: Sutherland v V2 Music Ltd [2002] EMLR 568 at para 22 per Laddie J’.
Judges:
David Richards J
Citations:
[2007] EWHC 1251 (Ch)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Bocacina Ltd v Boca Cafes Ltd IPEC 14-Oct-2013
The claimant alleged passing off by the defendant’s use of the name ‘Boca Bistro Cafe’, and subsequently ‘Bica Bistro Cafe’
Held: Where the defendant had changed its trading style during the proceedings it was possible, if the claimant . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 23 March 2022; Ref: scu.253458