The tort of passing off depended upon there being some goodwill capable of being relied upon. Words which were merely descriptive of the service offered, such as ‘live sports broadcasting,’ were incapable of carrying any goodwill, and accordingly a service of broadcasting live commentary but based upon other broadcasts was not a passing off when describing itself as such.
Citations:
Times 29-Jun-2000, Gazette 06-Jul-2000
Intellectual Property, Media
Updated: 18 May 2022; Ref: scu.78614