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Passing off – Descriptive name. The claimant made and sold hair oil under the name 'Moroccanoil' and the defendant sold hair oil, 'Miracle Oil'. The claimant issued proceedings against the defendant for passing off. The Intellectual Property Enterprise Court, in dismissing the claim, held that the evidence did not lead to the conclusion that members of the public were likely to assume either that Miracle Oil and Moroccanoil were the same thing, that they came from the same manufacture or were otherwise linked in trade. Accordingly, the claimant had failed to establish passing off because the evidence had not supported any likelihood of a misrepresentation by the defendant.
Passing off – Descriptive name. The claimant made and sold hair oil under the name 'Moroccanoil' and the defendant sold hair oil, 'Miracle Oil'. The claimant issued proceedings against the defendant for passing off. The Intellectual Property Enterprise Court, in dismissing the claim, held that the evidence did not lead to the conclusion that members of the public were likely to assume either that Miracle Oil and Moroccanoil were the same thing, that they came from the same manufacture or were otherwise linked in trade. Accordingly, the claimant had failed to establish passing off because the evidence had not supported any likelihood of a misrepresentation by the defendant.
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