''AG Spalding and Bros v AW Gamage Ltd'', (1915) 84 LJ Ch 449, (1915) 113 LT 198, (1915) 31 TLR 328,
914-15All ER Rep 147, (1915) 32 RPC 273, is a leading decision of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
on the
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
of
passing off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.
The law of passing off prevents one trader from misrepresenting go ...
. The Court established a three-part test for a successful claim of passing off. First, the claimant's product must have goodwill. Second, there must be a misrepresentation by the defendant's product, and third, there must be damages inflicted upon the claimant.
See also
*
List of trademark case law
This list contains an alphabetical listing of historically significant or leading case law in the area of US trademark law.
A
* '' Anheuser-Busch, Inc. v. L & L Wings, Inc.'' 962 F.2d 316 (4th Cir. 1992)
* '' Abercrombie & Fitch Co. v. Hunt ...
1915 in case law
House of Lords cases
1915 in British law
English law articles needing infoboxes
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