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In brief: Passing off claim for get-up in measuring cups fails (George East Housewares v Fackelmann & Anr)

In brief: Passing off claim for get-up in measuring cups fails (George East Housewares v Fackelmann & Anr)
Published on: 14 October 2016
Published by: LexisPSL
  • 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?

Article summary

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. or take a trial to read the full analysis.

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