“…Counsel for the Defendants submitted that this argument was illegitimate, but that is incorrect: see Reckitt & Colman Products Ltd v Borden Inc [1990] RPC 341 (a passing off case, but trade mark law is no different in this respect).…”
“…ch must be proved in order to succeed in an action for passing off were described succinctly by Lord Oliver in Reckitt & Colman Products Ltd v Borden Inc & Ors [1990] RPC 341 at 406. The second element to which Mr Gamsa drew attention is that the Claimant must demonstrate:…”