Mere confusion of identity was insufficient to establish the tort of passing off. The tort is not dependent upon intention. A claimant must establish that it has a goodwill capable of being damaged, that the confusion caused was such as to amount to a misrepresentation of some connection between the two companies, and that the misrepresentation had or was likely to damage the goodwill of the claimant.
Citations:
Times 28-Sep-1999
Jurisdiction:
England and Wales
Cited by:
Appeal from – HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc) CA 26-Apr-2000
Following a trial, and before the judgment was delivered, the parties arranged to meet and settled their dispute. The judges and the court were not advised and continued to take the trouble of preparing the now nugatory judgment. The legal . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 06 August 2022; Ref: scu.81360
