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Irvine v Talksport Ltd [2003] EWCA Civ 423

By Oxbridge Law TeamUpdated 04/01/2024 07:13

Judgement for the case Irvine v Talksport Ltd

Table Of Contents

  • 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.

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