header-logo header-logo

Passing off

25 October 2013
Issue: 7581 / Categories: Case law , Law digest , In Court
printer mail-detail

Bocacina Ltd v Boca Cafes Ltd and others [2013] EWHC 3090 (IPEC), [2013] All ER (D) 152 (Oct)

It was settled law that the necessary elements of the action for passing off were: (i) that the plaintiffs goods or services had acquired a goodwill or reputation in the market and were known by some distinguishing feature; (ii) that there was 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 were goods or services of the plaintiff; and (iii) that the plaintiff had suffered or was likely to suffer damage as a result of the erroneous belief engendered by the defendant’s misrepresentation. It was possible for relatively small trade to result in sufficient goodwill for a passing off case so long as it was more than trivial. The law of passing off required that a substantial number of members of the relevant public were likely to be deceived by the use complained of. The issue of confusion or misrepresentation had to be approached with the following principles in mind. First, at least

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll