Warnink v Townsend [1979] AC 731
Judgement for the case Warnink v Townsend
Table Of Contents
Claimant had for many years manufactured a drink in Netherlands called ‘advocaat’ made from brandywine, which was exported to Britain. Advocaat acquired a substantial reputation in UK.
Defendant made a drink called ‘Keeling’s Old English Advocaat’ composed of dried egg powder and Cyprus sherry.
Even though it could not be shown public had mistaken Defendant’s product for real advocaat, it captured a large part of English market from Claimant.
Held
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Principles or passing off are not confined to cases in which only one person is entitled to call their goods by a particular description
Rather they apply even if several people are entitled to use that description.
Here, the description forms part of those person’s goodwill
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