References: (1907) 2 Ch 312
Coram: Parker J
The plaintiff sought to restrain what it said was passing off by the defendant. The test to be applied in passing-off claims is whether there is such a close resemblance between the names as to be calculated to deceive. This is a question of fact. In such a case an injunction might be sought to restrain the use of a newly registered company’s name, though Parker J refused one in this instance.
This case is cited by:
- Cited – A & E Television Networks Llc and Another -v- Discovery Communications Europe Ltd ChD (Bailii,  EWHC 109 (Ch))
The claimants had operated the ‘History’ and associated variant TV channels and trade marks. The claimed that the defendant’s ‘Discovery History’ channels were in breach. The defendants challenged the validity of the trade marks. The court now . .