Originally published August 2003
Has The EU Changed The Relationship Between Passing Off Rights and Registered Marks In the UK?
In June 2003 we reviewed the Camelot v Inter Lotto UK High Court preliminary issue hearing which looked at the relationship between registered trade mark rights and passing off. The Court of Appeal has now dismissed an appeal by Camelot against the High Court’s decision.
Background
Mr Justice Laddie had to consider whether a registered trade mark could be used as a defence against an allegation of passing off. Inter Lotto said it had acquired goodwill from its use of "HOTPICK" for its own lotto game both before and after Camelot applied to register the mark "HOTPICKS". When Camelot began using its registered mark, Inter Lotto sued for passing off.
