Intellectual Property: Passing Off – The Law Does Concern Itself With Trivialities

Introduction

The case of Knight v Beyond Properties Pty Ltd and others at the end of May 2007 contains some useful reminders for those interested in the law of passing off and, in particular, its limitations. Passing off is used to protect signs and names (or more correctly the goodwill and reputation connected with the business carried on under a sign or name), which are not registered trade marks. In particular, the judgement of Mr Justice David Richards points out the importance of consistent pleadings, not exaggerating the evidence and establishing reputation and goodwill, which may be on a relatively small scale but must be more than trivial.

The facts of the case

The case related to the name "Mythbusters". The Claimant, Mr Knight, had published three books for children in the UK under the title "Mythbusters". There had been no significant activity in the UK since 1996. The Defendants were all engaged in the production and distribution of television...