Play Ltd. v Legato Assets Ltd. [2006] JLR 94 (10 February 2006)

Play Ltd. v Legato Assets Ltd. [2006] JLR 94 (10 February 2006)

A general word such as 'play' can acquire distinctiveness as a trade name if the plaintiff establishes a sufficiently distinctive get-up associated with it; protection against passing off is limited to the likelihood of deception in relation to goods also sold by the plaintiff.

Citation
[2006] JLR 94
Parties
Plaintiff: Play Ltd.; Defendant: Legato Assets Ltd.
Jurisdiction
Jersey
Judgment Date
10 February 2006
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff (limited protection)
Legal Topics
Passing Off, Trade Names, Distinctiveness, Likelihood of Deception
Intellectual Property Tort Passing Off Trade Names Distinctiveness Likelihood of Deception

Case Brief

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Parties

Play Ltd.

Plaintiff

Legato Assets Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the use of a general word as a trade name can acquire distinctiveness for passing off purposes
  2. 2 Whether the defendant's use of the name 'play' is likely to deceive consumers

Ratio Decidendi

A general word such as 'play' can acquire distinctiveness as a trade name if the plaintiff establishes a sufficiently distinctive get-up associated with it; protection against passing off is limited to the likelihood of deception in relation to goods also sold by the plaintiff.

Court Disposition

judgment for plaintiff (limited protection)