Passing off by substitution is where a trader having accepted an order for one brand supplies another brand in such a way that the customer is unlikely to notice the substitution and is misled.
Citations:
(1912) 29 RPC 225
Cited by:
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 13 May 2022; Ref: scu.194810
