Inter Lotto (UK) Ltd v Camelot Group Plc

Inter Lotto (UK) Ltd v Camelot Group Plc

The existence of a registered trade mark does not per se override common law rights in passing off. The relevant date for assessing reputation and goodwill in a passing off claim is the date the defendant commenced use of the mark, not the date of trade mark application or registration. Mere infringement of a registered trade mark does not disentitle a claimant from relying on goodwill accrued after the date of registration unless the conduct is fraudulent or egregious.

Parties
Claimant: Inter Lotto (UK) Limited; Defendant: Camelot Group Plc
Jurisdiction
England and Wales
Judgment Date
06 June 2003
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Preliminary issue answered in the negative; Inter Lotto is not precluded from relying on goodwill accrued after the date of trade mark application.
Legal Topics
Passing Off, Trade Marks, Goodwill, Trade Mark Registration, Ex Turpi Causa
Intellectual Property Passing Off Trade Marks Goodwill Trade Mark Registration Ex Turpi Causa

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Parties

Inter Lotto (UK) Limited

Claimant

Camelot Group Plc

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the date of trade mark application is the relevant date for assessing reputation and goodwill in a passing off claim
  2. 2 Whether registration of a trade mark overrides common law passing off rights
  3. 3 Whether use of a mark that infringes a registered trade mark disentitles a claimant from relying on goodwill accrued after the date of registration

Ratio Decidendi

The existence of a registered trade mark does not per se override common law rights in passing off. The relevant date for assessing reputation and goodwill in a passing off claim is the date the defendant commenced use of the mark, not the date of trade mark application or registration. Mere infringement of a registered trade mark does not disentitle a claimant from relying on goodwill accrued after the date of registration unless the conduct is fraudulent or egregious.

Court Disposition

Preliminary issue answered in the negative; Inter Lotto is not precluded from relying on goodwill accrued after the date of trade mark application.

Orders

  • The relevant date for assessing Inter Lotto’s reputation and goodwill for its claim in passing off is the date upon which Camelot started using the mark in relation to its lottery product.