To establish passing off, it was no longer necessary to establish fraud in the use of a trading name, and it became dependent upon proof, inter alia, of misrepresentation.
(1838) 40 ER 956,  EngR 377, (1838) 3 My and Cr 338
Cited – Inter Lotto (UK) Limited v Camelot Group Plc ChD 6-Jun-2003
The claimant asserted that the defendant had infringed its goodwill in the name ‘Hot Picks’ the defendant argued that it was licensed to use the mark by the person who applied for its registration as a trade mark, and that the claim in passing off . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Torts – Other
Updated: 29 April 2022; Ref: scu.183305