George East Housewares Ltd v Fackelmann GmbH & Co KG and another

Passing off – Goodwill. The Intellectual Property Enterprise Court dismissed a claim for passing off in which it was alleged that the defendants had been passing off conical measuring cups as the claimant's 'Tala' measuring cups by the adoption of a similar get-up. The court held that the claimant, George East Housewares Ltd, had not, by the relevant date, owned goodwill in its business associated with the get-up of its Tala measuring cups, excluding the brand name, such that cups bearing the get-up were distinctive of the claimant. Goodwill was not attached to the shape of the cups alone, as the claimant had contended.

Category: