Cases

Radio Taxicabs (London) Ltd v Owner Drivers Radio Taxi Services Ltd

Held

Although the Claimant did have a reputation within the industry as "Radio Taxis", it did not have such a reputation amongst members of the general public. The words "Radio Taxis" were not distinctive of the Claimant's business. And since there was no real risk of confusion amongst members of the trade, the claim in passing off failed. The court was not satisfied that the Defendant had acted with the intention of taking advantage of the Claimant's name, reputation or goodwill, or of diverting business from it. As such, the claim that the name was an "instrument of fraud" which should be delivered up could not succeed.

Also