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Reports of Patent, Design and Trade Mark Cases 2004 121(5):171-185; doi:10.1093/rpc/2004rpc8
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 8

INTER LOTTO (UK) LTD v CAMELOT GROUP PLC

High Court of Justice (Chancery Division)

(Laddie J.): June 6, 20031

[2003] EWHC 1256 (Ch); [2004] R.P.C. 8

Passing off—Claimant's use of mark pre-dating defendant's application for registration of a similar mark by a couple of months—Defendant commencing use of its mark some nine months later—Whether claimant entitled to rely on goodwill built up after date of application for registration in support of passing off action—Whether defendant's registered rights overrode claimant's common law rights—Effect of Trade Marks Act 1994 on law of passing off—Preliminary issue—Whether relevant date for assessing claimant's goodwill was date of defendant's application for registration and not date of defendant's first use of the mark.

1 Paragraph numbers in this judgment are as assigned by the court. The decision of the Court of Appeal on appeal from this decision is reported at [2004] R.P.C. 9


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