Reckitt and Coleman Products v Borden Inc, 1990 1 All ER 873
Citation:196. Reckitt and Coleman Products v Borden Inc, 1990 1 All ER 873
Rule of thumb:What is the test for determining whether design law/ passing off has been breached? The test is whether the ordinary shopper passing along would be confused; the test is not whether the educated enthusiast shopper or the astute observer.
Judgment:
‘One is typically dealing with a shopper in a supermarket, in something of a hurry, accustomed to selecting between various brands when there is such a choice, but increasingly having to choose in relation to a wide range of items between the supermarket’s own brand one other brand, and no more, Walton J
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