Mr.A.D.Padmasingh Isaac vs / on 3 August, 2021
“47. Lord Paricer in A.G. Spalding (supra) showed that in a
passing off action the right in question is a right of
property. A plaintiff complains of the invasion of this right
to property. The property is in business or goodwill likely
to be injured by misrepresentation. If the mark is distinctive
of the plaintiff's goods in the eyes of the public or a class of
the public any misrepresentation is likely to deceive the
ultimate customer. Property is not in the mark, name or get
up improperly used by the defendant. But the property is in
business or goodwill likely to be injured by
misrepresentation. The foundation of the modern tort of
passing off is the infringement of right to property. A
plaintiff can say that the defendant is infringing his name
which is distinctive of his goods. A misuse of that name is
hardly consistent with fair or honest trading, as Lord Parker
said.