Passing off Flashcards
1
Q
Rule 1
A
Goodwill: P’s product must establish goodwill in the market so that its distinctive mark is recognised.
2
Q
Rule 2
A
Misrepresentation: D must not use mark which has or is likely to lead consumers to believe it is a product of P.
3
Q
Rule 3
A
P must suffer loss
4
Q
Authority for passing off?
A
Reckitt
5
Q
Goodwill on logo?
A
Enterprise
6
Q
- Similar name
A
Salon Services - Generic names are fine especially when working in specialist market.
7
Q
- packaging
A
Reckitt v Colman
8
Q
- quality of product
A
Scottish Whiskey Association
9
Q
- image rights
A
Fenty
10
Q
- localised
A
Starbucks (HK)
11
Q
Misrepresentation and moron in a hurry test?
A
Morning star co-operative
12
Q
What is the moron in a hurry test?
A
Whether or not the average person would be confused. NOT whether or not the moron in a hurry would be confused.
