2012 IPSANZ Annual Conference Seminar ... - List G Barristers

Reckitt and Coleman v Borden (1990) 17 IPR 1
Lord Oliver:
• “The law of passing off can be summarised in one short
general proposition - no man may pass off his goods as
those of another.”
• Three elements of a passing off claim (“classic trinity”):
• Goodwill or reputation associated with the identifying
get-up
• eg brand name, trade description or features of
labelling or packaging
• Misrepresentation by defendant that its goods or
services are those of the plaintiff
• even if unintentional
• Damage or likely damage to plaintiff