Facts
The sold a drink made with dried egg and Cyprus sherry as 'Old English Advocaat', competing with genuine Dutch advocaat.
Issue
Can traders sharing in a type of product sue for ?
Held
Yes; the misuse of the name 'Advocaat' damaged the goodwill of the genuine producers.
Principle
Lord Diplock's five elements: , by a trader in the course of trade, to customers, calculated to injure goodwill, causing or likely to cause damage.
Why it matters
The leading modern statement of passing off ('extended' passing off).
Cited in these chapters
Cite this page
Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/erven-warnink-v-townend> accessed 31 October 2026
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.