British Diabetic Association v Diabetic Society Ltd

JurisdictionEngland & Wales
Judgment Date23 October 1995
Date23 October 1995
CourtChancery Division

Chancery Division

The British Diabetic Association
and
The Diabetic Society and Others

Company - similar name confusing

Confusing names

The words "association" and "society" being very similar in derivation and meaning, and being not dissimilar in form, it would amount to, albeit unintended, deception, calculated to damage the reputation and goodwill of The British Diabetic Association, for The Diabetic Society to continue to use that name.

Mr Justice Robert Walker so held in the Chancery Division on October 13, in making an order, inter alia, restraining the defendants, The Diabetic Society, Arthur Bennett and Gillian Mary Atkin, from (i) using the name or mark "The Diabetic Society", "The British Diabetic Society", "Diabetic Society", "The Diabetes Society" and/or "Diabetes Society"; (ii) causing, enabling, or assisting any other person to carry out any acts contravening the above injunction, or (iii) allowing the corporate name of the first defendant to remain on the Companies Register in its present, or any similar form.

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1 firm's commentaries
  • How Does The Charity Commission's Guidance Relate To Legacies?
    • United Kingdom
    • Mondaq UK
    • 22 February 2017
    ...case. 'Prospective donors may share the dismay expressed by Robert Walker J, in British Diabetic Association v Diabetic Society Ltd [1995] 4 All ER 812 at 816, who described a passing off action between charities as: "a deplorable, even scandalous thing to occur. Charities solicit donations......

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