Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd, 1981 1 WLR 193 PC
Citation: Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd, 1981 1 WLR 193 PC
Rule of thumb: Are slogans beneath a trade mark protected by passing off? Yes, these are included as part of passing off too.
Judgment:
Passing off actions can be widely used to encompass a wide range of slogans and visual used by people, not just names, and the test is whether someone is unfairly gaining an unfair marketing advantage off of a distinctive trade that they already know, ‘The tort is no longer anchored, as in its early nineteenth century formulation, to the name or trade mark of a product or business. It is wide enough to encompass other descriptive material, such as slogans or visual images, which radio, television or newspaper advertising campaigns can lead the market to associate with a plaintiff’s product, provided always that such descriptive material has become part of the goodwill of the product. And the test is whether the productive has derived from the advertising a distinctive character which the market recognises’, Lord Scarman, at 200
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