- In brief: Passing off claim for get-up in measuring cups fails (George East Housewares v Fackelmann & Anr)
- Original news
- What should IP & IT lawyers take note of?
- What was this case about?
- What did the court decide?
IP & IT analysis: This case is a passing off claim in respect of conical kitchen measuring cups. The claimant relied on aspects of the get-up of the cups alone, excluding the brand name. The court held that the claimant had not established goodwill in the get-up and that there had been no misrepresentation on the part of the defendants. Accordingly, there had been no damage. The passing off claim failed.
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