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Henry and passing off: the shape of things to come?
Practical Law UK Articles 3-502-8832 (Approx. 4 pages)
Henry and passing off: the shape of things to come?
by Rochelle Mello and Ian Kirby, Arnold & Porter (UK) LLP
On 28 May 2010, Numatic International Ltd succeeded in its High Court claim that Qualtex UK Ltd had threatened to place on the market a product which, if marketed, would by its appearance and get up deceive purchasers into thinking that it was one of Numatic’s well-known Henry vacuum cleaners. Cases where the allegation of passing off relates to the shape of the product itself, rather than its packaging, are rare, and do not often succeed in English law, so this decision is a positive one for brand owners and their representatives.
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