The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had to show that the descriptive term ‘Swiss Chocolate’ had acquired a distinctive meaning. A name is protectable in a passing off action if the plaintiff can show that the words sued upon had the protectable meaning alleged.
Laddie J
Times 25-Nov-1997, [1997] EWHC Patents 360
Bailii
England and Wales
Citing:
Cited – Perry v Truefitt CA 8-Dec-1842
The court considered the nature of the tort of passing off. ‘I think that the principle on which both the courts of law and of equity proceed, in granting relief and protection in cases of this sort, is very well understood. A man is not to sell his . .
Cited – 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: . .
Cited – Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Limited (‘Advocaat’) HL 1979
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their . .
Cited – Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Limited (‘Advocaat’) HL 1979
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their . .
Cited – Dent v Turpin 1861
. .
Cited – Taittinger and Others v Allbev Ltd and Another CA 30-Jun-1993
An injunction was granted to restrain the labelling of a sparkling fruit (Elderflower Champagne) non-alcoholic drink made in Surrey to include the word ‘champagne’. The trial judge had held that all the necessary ingredients for a successful passing . .
Cited – Vine Products Ltd v Mackenzie and Co Ltd (the Sherry Case) ChD 1969
Assorted sherry producers and shippers to write to producers and importers of ‘British Sherry’ asking them to stop using the word ‘sherry’ other than in relation to wines emanating from the Jerez district of Spain. Those producers and importers to . .
Cited – Southorn v Reynolds 1865
. .
Cited – Bollinger v Costa Brava Wine Co Ltd 1960
Intruders into the market brought into England a wine somewhat similar to Champagne. It had been produced in the Costa Brava district of Spain. They marketed it under the name ‘Spanish Champagne’. The French growers and shippers brought an action to . .
Cited – Harrods Ltd v Harrodian School CA 3-Apr-1996
No passing off was to be found to have been shown without the public believing that the plaintiff was responsible for the defendant’s services or goods. It was not enough to show only that the defendant was somehow ‘behind’ the defendant. Millet LJ . .
Cited – CIVC v Wineworths 1991
(New Zealand High Court) . .
Cited – Ford v Foster 1871
. .
Cited – Neutrogena Coroporation v Golden Ltd CA 1996
The court discussd the ‘substantial proportion of the public’ test applied in passing off. The purpose of this evidence was to provide real evidence from ordinary members of the public wholly untainted by any artificiality. . .
Cited – Newman v Pinto CA 1887
Bowen LJ said: ‘A lie may be told by a box just as well as by the mouth of an individual.’ . .
Cited by:
Appeal from – Chocosuisse Union Des Fabricants Suisse De Chocolat et Al v Cadbury Ltd CA 25-Feb-1999
A trade association formed to protect a trading style or name, but which did not itself trade in the goods, had no trade which was capable of being damaged and accordingly had no locus standi to found an action for passing off against the use of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.163056
