Irvine v Talksport Ltd [2003] EWCA Civ 423

• Claimant was a famous F1 racing driver, Eddie Irvine.

• Defendant, TalkSport, was a radio station who won rights to broadcast commentary of F1 races; sent out 1,000 brochures to likely advertisers attempting to get them to advertise between races.

  • Brochure had picture of Eddie Irvine on front, doctored in order to show Claimant holding a radio with words ‘Talk Radio’ (former name of Defendant) on it.

• Held:

  • Purpose of passing off is to protect Claimant’s exclusive right to use of his reputation or goodwill.

  • Therefore 3 elements of passing off are equally applicable to cases of false endorsement.

  • No need for Claimant to show a specific or direct loss of business, at least in the short-term

    • suffices that misrepresentation will cause long-term damage to market value of Claimant’s endorsement

Facts

• On facts:

  1. Eddie Irvine had considerable goodwill as result of popularity of F1 racing.

  2. Defendant’s actions were a misrepresentation that Claimant had endorsed talksport

  3. Was potential for long-term damage to Claimant’s goodwill

     • i.e. damage to market value of Claimant’s endorsement

     • Thus passing off.