Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Mar)
Neutral Citation: [2002] EWHC 367 (Ch)
Court: Chancery Division
Judge:

Laddie J

Representation Lindsay Lane (instructed by Fladgate Fisher) for the claimants.
  Michael Hicks (instructed by Olswang) for the defendant.
Judgment Dates: 13 March 2002

Catchwords

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.

The Case

There appeared to be no good reason why the law of passing off in its modern form and in modern trade circumstances should not apply to cases of false endorsement.

Practice Areas

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