Source: All England Reporter
Publisher Citation: [2001] All ER (D) 212 (Apr)
Court: Chancery Division
Judge:

Christopher Floyd QC sitting as a deputy judge of the High Court

Representation Thomas de la Mare (instructed by Hammond Studdards Edge) for the claimant.
  James Mellor and Thomas Moody-Stuart (instructed by Eversheds) for the defendant.
Judgment Dates: 27 April 2001

Catchwords

Passing off - Company name - Similarity of names - Claimant alleging deception by defendant - Wide gap existing between core businesses of claimant and defendant - Whether defendant's use of name misleading substantial number of claimant's potential customers.

The Case

In proceedings for passing off arising out of the defendant's use of the company name 'TeleWare', the court ruled that no actual or threatened misrepresentation was made out and accordingly the claimant's action would be dismissed.

Practice Areas

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