C was the manufacturer of the ‘lego’ toy. D was a manufacturer of gardening equipment including sprinklers from coloured plastic, though did not operate in UK. When D sought to expand into UK, C alleged passing off and sought injunction. Held:
· C had established reputation in mark ‘Lego’ that was capable of extending far beyond toys.
Ø i.e. was capable of extending even to items such as gardening equipment.
· Thus was real risk that public would believe there was connection between C and D.