Neutrogena Corporation v Golden Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1996 |
| Date | 1996 |
| Year | 1996 |
| Court | Chancery Division |
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229 cases
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Marks and Spencer Plc v Interflora Inc. (A Company Incorporated Under the laws of the State of Michigan, USA) and Another
...to be answered is a different one. This can, I think, be illustrated by two of the cases upon which Mr Silverleaf relied: Neutrogena Corporation v Golden Ltd [1996] RPC 473 and Chocosuisse Union des Fabricants Suisse de Chocolat v Cadbury Ltd [1998] RPC 27 In Neutrogena the claimant had su......
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Group Lotus Plc and Another v 1Malaysia Racing Team SDN BHD and Others
...of the split of the goodwill as being correct. 201 This is essentially a "jury question" as shown by Jacob J (as he then was) in Neutrogena v Golden [1996] RPC 473 at 202 In the Court of Appeal the legal test on deception or confusion was set out namely whether on the balance of probabilit......
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Roger Maier and Another v Asos Plc and Another
...The level of confusion or deception needed to establish a case of passing off was considered by Jacob J (as he then was) in Neutrogena Corporation v Golden Limited [1996] RPC 473. Jacob J accepted the evidence of the defendant's witness in that case that although he had known of the Neutro......
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Premier Luggage and Bags Ltd v Premier Company (UK) Ltd and Another
...tag would mislead. The correct approach has not been in dispute. It is to be found in the judgment of Mr Justice Jacob in Neutrogena Corporation v Golden Limited [1996] RPC 473, at page 482 (lines 17–27) – a passage cited by Lord Justice Morritt (at page 492) when giving judgment on the ap......
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4 books & journal articles
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Are Fashion Designers Better Protected in Continental Europe than in the United Kingdom? A Comparative Analysis of the Recent Case Law in France, Italy and the United Kingdom
...RPC 5 (CA). See also Torremans (2008,pp. 459–60).197 See, for example, Harrods v R Harrod (1923) 41 RPC 74.198 See Neutrogena v Golden [1996] RPC 473 and Bently and Sherman (2009, pp. 757–8).A substantial part does not mean a majority but it must be more than de minimis.199 See Lego Systems......
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Intellectual Property Law
...with the standard already established under the law of passing off, as stated by Jacob J in Neutrogena Corporation v Golden Ltd [1996] RPC 473 at 481-482 which the court cited with approval: It is, of course, the effect on the goodwill of Neutrogena which matters…. There is passing off even......
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The Consumer as the Empirical Measure of Trade Mark Law
...lack ofempirical foundation for proferred expert evidence).53 (2015) 228 FCR 189 at [316]–[326].54 n 7 above; Neutrogena Corp vGolden Ltd [1996] RPC 473, 485–486 (Neutrogena); SterlingPharmaceuticals Pty Ltd vJohnson & Johnson Australia Pty Ltd (1990) 96 ALR 277; CadburySchweppes Pty Ltd vD......
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A critique of legal measures of brand confusion
...``Puffin'' (United Biscuits, UK Ltd v. Asda Stores Ltd [1987] RPC513; the Neutrogena/Nuetralia dispute (Neutrogena Corp.v.Golden Ltd[1996] RPC 473, the actual incidence of legal claims alleging ``confusion'' isdifficult to gauge because the majority of these disputes are settled prior totri......