Claim No: IP-2022-000076 - [2024] EWHC 88 (IPEC)

The principles of passing off are well known. The elements necessary to reach a finding of passing off are the ‘classical trinity’ of that tort as described by Lord Oliver in the Jif Lemon case (Reckitt & Colman Product v Borden [1990] 1 WLR 491 HL, [1990] RPC 341, HL) namely goodwill or reputation; misrepresentation leading to deception or a likelihood of deception; and damage resulting from the misrepresentation.

The parties agree that if the claims in section 10(2)(b) and/or section 10(3) trade mark infringement are not made out, that is likely also to be an answer to the claim in passing-off.