United Biscuits (UK) Ltd v Asda Stores Ltd [1997] RPC 513
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:14:12 UTC
Claimant was manufacturer of Penguin bars.
Defendant intended to sell a range called ‘Puffin’ bars, deliberately designed to be as similar as possible to Penguins without incurring liability for passing off.
Evidence showed that although customers did not mistake Puffin bars for Penguin bars, many assumed that the two were made by the same manufacturer (although they also did not know who this manufacturer was – McVities).
Held
On facts, was passing off by Defendant.
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