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Warnink v Townsend

[1979] AC 731

Case summary last updated at 02/02/2020 21:57 by the Oxbridge Notes in-house law team.

Judgement for the case Warnink v Townsend

C 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. D 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 D’s product for real advocaat, it captured a large part of English market from C. Held:
 
·        Principles or passing off are not confined to cases in which only one person is entitled to call their goods by a particular description
Ø  Rather they apply even if several people are entitled to use that description.
Ø  Here, the description forms part of those person’s goodwill

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