C was a famous F1 racing driver, Eddie Irvine. D, 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 C holding a radio with words ‘Talk Radio’ (former name of D) on it. Held:
· Purpose of passing off is to protect C’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 C to show a specific or direct loss of business, at least in the short-term
Ø suffices that misrepresentation will cause long-term damage to market value of C’s endorsement
· On facts:
1) Eddie Irvine had considerable goodwill as result of popularity of F1 racing.
2) D’s actions were a misrepresentation that C had endorsed talksport
3) Was potential for long-term damage to C’s goodwill
- i.e. damage to market value of C’s endorsement
· Thus passing off.