Passing off Evidence

Mont Blanc Simplo GmbH v Sepia Products Inc (Ch D TLR 2 February)

In an action for passing off, the court was perfectly capable of forming its own view as to the likelihood of confusion between the goods or services provided by the parties and did not therefore necessarily need evidence of actual confusion among members of the public. In the present case the claimants’ mark was both well known and distinctive. The claimants and defendants both manufactured and sold identical kinds of goods, on which their respective symbols were displayed in similar places. The defendants’ symbol was very similar to the claimants’ trademark. The elements of passing off were made out.