References: (1838) 40 ER 956, [1838] EngR 377, (1838) 3 My & Cr 338
Links: Commonlii
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.
This case is cited by:
- Cited – Inter Lotto (Uk) Limited -v- Camelot Group Plc ChD ([2003] EWHC 1256 (Ch), Bailii)
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 . .
