Taittinger SA v Allbev Ltd, 1993 FSR 641
Citation:Taittinger SA v Allbev Ltd, 1993 FSR 641
Rule of thumb:Is the passing off test the same for all different products & services? No, if people get a longer chance to inspect the product or service, the test is less strict than quick-fire or impulsive purchases.
Judgment:
The Court held that the test for passing off is not whether the completely unworldly man would be confused, but the average man, ‘But there is another section of the public. There is the simple unworldly man who has in his mind a family celebration and knows that champagne is drunk for celebrations. He may know nothing of elderflower champagne as an old cottage drink. See ‘elderflower; on a label below the word champagne he may well suppose that he is seeing champagne. Since the simple man I have in mind will know little of champagne prices, he is likely to suppose that he has found champagne at a price of £2.45. I do not mean that I now refer to any majority part of the public or even to any very substantial section... but to my mind there must be many ... who would suppose that ... ‘Elderflower’ is champagne...’ Sir Lord Mervyn Davies
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