![Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Intellectual Property Enterprise Court
Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)
Fecha: 24-Jul-2025
Passing Off
Passing Off
The passing off claim is brought by Ms Martin personally, as she owns any goodwill in her work. The claim is put on two bases – classic passing off on the basis of false endorsement, and also the inherent deceptiveness of the bottles which is said to bring strict liability to BSH, as well as to GM Drinks.
- Heading
- David Stone (sitting as Deputy High Court Judge)
- Section 2
- Procedural Matters
- Confidentiality
- Pleading Points
- List of Issues
- Witnesses
- Examples of the Allegedly Infringing Products
- Background Facts
- Mr Patch’s Position
- Copyright Subsistence
- The Law
- The First Label
- The Second Label
- Section 16
- Section 17
- The Third Label
- Acts of Infringement
- Conclusions on Copyright Infringement
- Moral Rights Infringement
- Passing Off
- The law
- Goodwill
- Misrepresentation
- Damage
- Knowledge and Correspondence
- Joint Tortfeasorship
- Joint tortfeasorship for copyright infringement – pre-notification
- Joint tortfeasorship for copyright infringement – post-notification
- Joint tortfeasorship for passing off – pre-notification
- Joint tortfeasorship for passing off – post-notification
- Flagrancy
- Summary
- Next steps