Beauty Bay Ltd and another company v Benefit Cosmetics Ltd

Trade mark – Infringement. The claimant cosmetic companies' claim based upon trade mark infringement and passing off failed. The Chancery Division held that, among other things, there had been no likelihood of confusion and the case for infringement failed. Since there had been no likelihood of confusion, there were no considerations that were relevant under the law of passing off that would lead the court to find that the use of the sign had resulted in a misrepresentation to the average consumer, and hence the claim in passing off failed.

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