xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Intellectual Property Law Cases
Passing Off Cases

Waterman (Pete) Ltd v CBS United Kingdom Ltd [1993] EMLR 27

Country:
United Kingdom
By Oxbridge Law Team
Browne Wilkinson VC
RELATED CASES

  • Claimant was a successful pop-music production company known to UK public as ‘The Hit Factory’. Claimant did not trade as ‘the Hit Factory’, but had released three compilation albums of their hits under that title.

  • Defendant, a record company who owned a studio in London, entered into agreement with owner of a studio in New York for refurbishment and running of London studio. New York company had traded as ‘The Hit Factory’ since 1970, and granted licence to Defendant to use that name.

  • Claimant sued for passing off.

  • Held:

Browne Wilkinson VC

  • I personally believe test of whether Claimant had a ‘trade connection’ to UK is preferable

    • However because of previous higher authority, the most liberal interpretation it is possible to give test is that Claimant needs UK customers

  • On facts, New York studio has had substantial number of customers in UK since its creation

    • Thus is entitled to use its name within the UK

RELATED CASES

Any comments or edits about this case?
Get in touch

Similar cases

Plentyoffish Media v Plenty More LLP
Claimant ran a dating website in America called ‘Plenty of Fish’, which was free to join. Defendant, a British company, set up a pay-for-use dating website in UK called ‘Plenty More Fish’, and had th...
Hotel Cipriani v Cipriani (Grosvenor Street)
Claimant ran famous Hotel Cipriani in Venice. Defendant ran a restaurant of same name in Mayfair. Claimant sued for passing off. Mere fact that Claimant has a reputation in England does not show UK g...
Alain Bernardin v Pavilion Properties Ltd
Claimant owned a club called the Crazy Horse in Paris, which was popular amongst English customers and which he advertised in England. Defendant opened a club of same name in England. Claimant sued....
De Maudsley v Palumbo
Claimant revealed his idea for a new nightclub to Defendant during a dinner party. Information included that night club would operate all night, have top DJs from UK and worldwide, and would be decor...
United Airlines v United Airways
Claimant was well-established American airline with worldwide reputation, Claimant was a relatively new Bangladeshi airline which had chosen name ‘United Airways’. Claimant sued under all of sections...

Related free notes samples

Copyright Case Law Notes
My notes cover all the main cases in intellectual property law. They are arranged so that each case o
Passing Off Notes
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In
Passing Off Cases
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB In
Trade Mark Case Law Notes
My notes cover all the main cases in intellectual property law. They are arranged so that each case o

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.