Passing off


The law on passing off is the precursor to registered trade mark protection, and still plays a vital role in protecting the goodwill of businesses. Entirely judge-made, the law is based on a large and ever-growing body of case law dating back to the nineteenth century and earlier.

This lecture provides a brief introduction to passing off, focussing on the key House of Lords case of Reckitt and Colman v Borden (the JIF Lemon case) and using Lord Oliver’s approach to consider in turn the issues of goodwill, misrepresentation and damage. We look at classic passing off and the modern extended form of the action, and look at the key cases up to the Supreme Court decision in Starbucks.

Lecturer: Peter Groves
Duration: 54 minutes (approx)

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