|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 184 (Mar)|
|Neutral Citation:|| EWHC 367 (Ch)|
|Representation||Lindsay Lane (instructed by Fladgate Fisher) for the claimants.|
|Michael Hicks (instructed by Olswang) for the defendant.|
|Judgment Dates:||13 March 2002|
Passing off - Endorsement - False endorsement - Reputation and goodwill - Photograph - Claimant a famous racing driver - Defendant running eponymous radio station - Defendant buying right to use photograph of claimant - Photograph manipulated so as to remove mobile telephone and replace it with radio bearing words 'Talk Radio' - Defendant using photograph on brochure - Defendant sending brochure to persons responsible for placement of advertisements - Whether distribution of defendant's brochure bearing manipulated picture of claimant actionable passing off - Whether claimant having substantial reputation or goodwill at time of acts complained of - Whether actions of defendant giving rise to false message that its goods had been endorsed, recommended or approved of by claimant.