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 name it set out to defend.
Citations:
Times 15-Mar-1999, [1999] EWCA Civ 856
Jurisdiction:
England and Wales
Citing:
Appeal from – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 05 December 2022; Ref: scu.79104
