Torts 1 PASS Week 3

Simply a passing off is a...

• Misrepresentation

• Presentation

• Understanding

• Stealing

Burford & Sons Ltd v Mowling & Son states someone...

• Must use the registered trade mark of another

• Must not use the registered trade mark of another

• Must not put his goods in such a form to deceive ordinarily intelligent persons into mistaking the goods for other goods

• Must put his goods in such a form to deceive ordinarily intelligent persons into mistaking the goods for other goods

The elements of passing off come from which case

• Burford & Sons Ltd v Mowling & Sons

• Reckitt & Colman

• Peter Bodum A/S v DKSH Australia Pty Ltd

• Inland Revenue Commissioner v Muller and Co's Margarine

How many elements of a passing off are there?

The elements of passing off are...

• The plaintiff must have goodwill or reputation attached to the goods or services

• There mustn't be misrepresentation by the defendant

• The plaintiff must demonstrate that they have or are likely to suffer damage due to the defendant's misrepresentation

• There must be misrepresentation by the defendant

There must be no goodwill or reputation attached to the plaintiff's goods or services prior to the conduct of the defendant

• True

• False

In the case of Hansen Beverage Company v Bickfords (Australia) Pty Ltd, the court found there was a passing off

• True

• False

What remedy did Hansen utilise in the case of Hansen Beverage Company v Bickford (Australia) Pty Ltd?

• Compensatory damages

• Aggravated damages

• An injunction

What evidence is required to show reputation?

• Time on the market

• The nature and amount of promotion

• The nature and degree of the sales network

• The volume of sales - quantity and monetary

Can the evidence of reputation be proven individually?

• Yes

• No

• Sometimes