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In finding for the Dutchman, the court established five criteria for a claim of “extended” passing off: there must be (1) a misrepresentation, made (2) by a trader in the course of trade, (3) to prospective consumers of his goods or services, which is both (4) ''[[calculated]]''<ref>i.e., ''likely''.</ref> to injure the business or goodwill of another merchant, and (5) in fact actually does so. | In finding for the Dutchman, the court established five criteria for a claim of “extended” passing off: there must be (1) a misrepresentation, made (2) by a trader in the course of trade, (3) to prospective consumers of his goods or services, which is both (4) ''[[calculated]]''<ref>i.e., ''likely''.</ref> to injure the business or goodwill of another merchant, and (5) in fact actually does so. | ||
This has subsequently been simplified a bit, but not in amusing circumstances, so if you want to know more about that, you’ll have to Google it. | This has subsequently been simplified a bit, but not in amusing circumstances, so if you want to know more about that, you’ll have to Google it. Oh, all right then, it was {{cite|Reckitt & Colman Products Ltd|Borden|1990|1 All ER|893}}. | ||
{{sa}} | {{sa}} | ||
*[[Avocat à la cour]] | *[[Avocat à la cour]] | ||
{{ref}} | {{ref}} | ||