Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) and another v Sandoz Ltd

Passing off – Get-up of goods. In the course of trade mark infringement and passing off proceedings commenced by Glaxo Wellcome UK Ltd and another company in the Glaxo Group (the claimants) against Sandoz Ltd with respect to a product produced by the claimants for the treatment of asthma, the claimants applied to join two other companies to the proceedings as joint tortfeasors or primary tortfeasors. The Chancery Division refused the claimants' application as, on the evidence, there was no arguable case of joint tortfeasance and further, no arguable case that any primary act of passing off had been committed or was threatened by those companies.

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