Lord Greene MR said: ‘It does not necessarily follow that a trader who uses an infringing mark upon goods is also guilty of passing-off. The reason is that in the matter of infringement, as I have already pointed out, once a mark is used as indicating origin, no amount of added matter intended to show the true origin of the goods can affect the question. In the case of passing-off, on the other hand, the defendant may escape liability if he can show that the added matter is sufficient to distinguish his goods from those of the plaintiff. Such proof may be very difficult, but theoretically at any rate the result may be as I have stated.’
Lord Greene MR
(1941) 58 RPC 147
England and Wales
Cited by:
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.
Updated: 17 September 2021; Ref: scu.183310
