Harrods Ltd v Harrodian School Ltd

The use of a similar name by a business in a different field is passing off only if the public would think that the claimant was responsible for the defendant's business, which was not the case for a school.

Citation
[1996] RPC 697
Court
Court of Appeal (Civil Division)
Year
1996
Subject
Intellectual Property Law
Topic
Passing off

Facts

Harrods, the department store, had previously owned a sports club, the Harrodian Club, for its staff, which it sold. The buyers used the premises to set up a private preparatory school, called the Harrodian School. Harrods sued for passing off, arguing that the public would think that the school was connected with Harrods.

Legal principle

The Court of Appeal held, by a majority, that there was no passing off. Millett LJ said that the misrepresentation must be such as to lead the public to believe that the claimant is responsible for the defendant's goods or services, or that there is a connection between them of a kind that would make the claimant answerable for their quality. It is not enough that the public would be reminded of the claimant, or would think that the claimant had sponsored or approved the defendant. The public would not think that Harrods was responsible for running a school, because it was not the kind of business that Harrods would run.

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