The test for passing off is objective, and not dependant upon the intention of the defendant. Is it reasonably foreseeable that confusion would arise? A close similarity of the market also affected the issue.
Judges:
Lord Cameron of Lochbroom
Citations:
Times 11-May-1999, [1999] ScotCS 58
Links:
Jurisdiction:
Scotland
Citing:
Cited – Lego System Aktieselskab v Lego M Lemelstrich Ltd ChD 1983
An association was claimed between irrigation equipment supplied by the defendant and plastic toy bricks made by the plaintiff.
Held: When looking for the likelihood of confusion in a passing off action between parties whose activities lie in . .
Cited by:
Appeal from – William Grant and Sons Limited and others v Glen Catrine Bonded Warehouse Limited and others SCS 18-Aug-1999
. .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 20 May 2022; Ref: scu.90512
