PO Trade Marks – Appeals to the Appointed Person Decisions – Application No: 2013102 – Opposition
The court set out the elements of the cause of action of passing off: ‘The necessary elements of the action for passing off have been restated by the House of Lords as being three in number:
(1) that the plaintiffs goods or services have acquired a goodwill or reputation in the market and are known by some distinguishing feature;
(2) that there is a misrepresentation by the defendant (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by the defendant are goods or services of the plaintiff; and
(3) that the plaintiff has suffered to is likely to suffer damage as a result of the erroneous belief engendered by the defendant’s misrepresentation.’
Judges:
Geoffrey Hobbs QC
Citations:
Opp 43414, [1998] RPC 455
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Minimax Gmbh and Co Kg v Chubb Fire Ltd PatC 29-Jul-2008
Chubb sought to prevent the registration of a mark by the claimant arguing that its use would amount to passing off as against its own marks.
Held: There was insufficient evidence for the hearing officer to have found that Chubb had maintained . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 13 May 2022; Ref: scu.192906