Passing off

Lanbuk on the Law of Torts · 1915

Principle established: Passing off protects the property in the business or goodwill likely to be injured by misrepresentation (Lord Parker).

Lanbuk on the Law of Torts · 1907

Principle established: The words 'vacuum cleaner' were descriptive and not protected.

Lanbuk on the Law of Torts · 1979

Principle established: Lord Diplock's five elements: misrepresentation, by a trader in the course of trade, to customers, calculated to injure goodwill, causing or likely to cause damage.

Lanbuk on the Law of Torts · 1973

Principle established: The claimants could not stop a car being called 'Granada' as there was no connection or proved confusion.

Lanbuk on the Law of Torts · 1923

Principle established: A misrepresentation to the claimant's customers can be passing off.

Lanbuk on the Law of Torts · 1881

Principle established: Using a name confusingly similar to the claimant's ('Universal' and 'Universe') can be passing off (James LJ).

Lanbuk on the Law of Torts · 1882

Principle established: The court considers the experience and literacy of likely buyers when deciding whether confusion is likely.

Lanbuk on the Law of Torts · 1863

Principle established: One man has no right to put off his goods for sale as the goods of a rival trader (Lord Kingsdown).

Lanbuk on the Law of Torts · 1816

Principle established: Selling goods with a false statement that they were made by the claimant is passing off.

Lanbuk on the Law of Torts · 1890

Principle established: Even one's own name cannot be used in a way that passes off one's business as another's.

Lanbuk on the Law of Torts · 1961

Principle established: Similar names in the same trade and place create a grave risk of confusion.

Lanbuk on the Law of Torts · 1896

Principle established: A trade name that the public links to one maker's goods is protected.

Lanbuk on the Law of Torts · 1873

Principle established: Purely descriptive words like 'stout' are not protected.

Lanbuk on the Law of Torts · 1915

Principle established: 'Gripe water' was held descriptive.

Lanbuk on the Law of Torts · 1896

Principle established: A descriptive name that has come to mean the claimant's goods is protected, but the burden is heavy.

Sierra Leone — African Law Reports · 1964-66

Principle established: In an action for trademark or trade name infringement, a plaintiff need not establish a fraudulent motive provided actual or probable injury to goodwill is proved.

Sierra Leone — Supreme Court · 1965

Principle established: Proof of fraudulent intent is unnecessary in an action for infringement of a trade name or mark, provided actual or probable injury to goodwill is established.

Lanbuk on the Law of Torts · 1931

Principle established: Imitating the get-up of goods can be passing off if it is likely to confuse.

Sierra Leone — African Law Reports · 1950-56

Principle established: A trade mark that closely resembles another in its visual and phonetic features so as to be calculated to deceive or cause confusion should not be admitted to registration.