- Case summary
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Trade and competition - Passing off – requires proof of reputation, misrepresentation and damage - use of descriptive phrase in designating business - evidence that mark has become distinctive must be approached with circumspection – even if plaintiff establishes that a prima
facie descriptive phrase has acquired some degree of secondary meaning, relatively minor differences will suffice to distinguish the defendant’s business when both use a mark which is descriptive of the services they provide - must submit to risk of some confusion if another trader incorporates the same phrase in its trading name – otherwise allowed an unfair monopoly in those words.
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