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Reports of Patent, Design and Trade Mark Cases 2004 121(5):186-201; doi:10.1093/rpc/2004rpc9
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 9

INTER LOTTO (UK) LTD v CAMELOT GROUP PLC

Court of Appeal

(Pill, Keene and Carnwath L.JJ.): July 8, 9 and 30, 20031

[2003] EWCA Civ 1132; [2004] R.P.C. 9

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—Preliminary issue—Relevant date for assessing claimant's goodwill held to be date of defendant's first use of its mark and not date of defendant's application for registration—Appeal to the Court of Appeal.

1 Paragraph numbers in this judgment are as assigned by the court.


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