Arbitration & mediation
Assets/shares buy/sell
Business start ups
Commercial & transactions
Commercial property
Company law & compliance
Competition law (UK & EU)
Confidentiality & privacy
Construction & building
Contracts drafting
Copyright (infringement & licensing)
Debt recovery & winding up
Designs (registration & infringement)
Directors' duties & liabilities
E-commerce contracts
Employment (contracts, regulations & claims)
Franchising
Insurance & reinsurance
Intellectual property
Joint ventures
Libel (defamation)
Licensing (premises)
Litigation (commercial)
Music & entertainment
Negligence (general)
Partnerships
Passing-off claims
Patents (infringement)
Planning representation
Professional (regulatory)
Professional negligence
Shareholders
Software (licensing)
Sports contracts
Trademark infringement
Trademark registration & brands
Approach to costs
Solicitors at Humphreys & Co. always aim to approach legal work in a financially-disciplined way. We offer competitive rates. Our charging approach is both transparent and geared to the options open to our clients. Our solicitors generally charge by reference to time spent but we can often agree fixed fees for specific work or in some cases risk-adjusted funding structures.

Send us a summary of your circumstances and objectives for a quick response.

Passing off - goodwill - false product endorsement

I, a Formula One racing driver, brought an action for passing off against T, the owner of a radio station. T had sent a brochure to potential advertisers containing a photograph of I which had been manipulated to show him holding a portable radio to which the words "Talk Radio" had been added.

Held
, giving judgment for I, that there was no good reason why the law of passing off in its modern form and trade circumstances should not apply to cases of false endorsement. The court could take judicial notice of the fact that it was common for famous people to exploit their names and images by way of endorsement. The famous person enhanced the attractiveness of the relevant goods or services by his association with them, while the endorsee took the benefit of the attractive force that was the reputation or goodwill of the famous person. To succeed in a case of false endorsement, the claimant had to prove (1) that he had enjoyed a significant reputation or goodwill at the time of the acts complained of, and (2) that the defendant's actions had created a false message which would be understood by a not insignificant section of its market that its goods had been endorsed, recommended or approved of by I. In the instant case, I, who had been well known by name and appearance to a significant part of the public, had clearly enjoyed a significant reputation and goodwill at the time when the brochure had been distributed. In addition, a not insignificant number of recipients of the brochure would have assumed that I was endorsing T's radio station, British Medical Association v. Marsh (1931) 48 R.P.C. 565 and Henderson v. Radio Corp Pty [1969] R.P.C. 218, [1969] C.L.Y. 3555 applied Taittinger SA v. Allbev Ltd [1994] 4 All E.R. 75, [1994] C.L.Y. 4491 considered and McCulloch v. Lewis A May (Produce Distributors) Ltd [1947] 2 All E.R. 845, [1947-51] C.L.Y. 10337 not followed.

IRVINE v. TALKSPORT LTD, [2002] EWHC 367, [2002] 2 All E.R. 414, Laddie, J., Ch D.

"Current Law" June 2002






Humphreys & Co., solicitors Bristol

Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.

Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.

Turnaround time
Solicitors at Humphreys & Co. look to input not only careful legal work and precision but also the determination to keep matters moving. They aim to work in clients' real interests with energy and pragmatism.

Communication skills
Solicitors at Humphreys & Co. always try to open up the legal process by giving advice and explaining options to clients in a concise and straightforward way, identifying clear courses of action whatever the technical or legal complexities of the subject.
Solicitors authorised and regulated by the Solicitors Regulation Authority of England & Wales under no.62944
Change to our Personal Legal Affairs section or go to our Home Page lawyers@humphreys.co.uk © copyright Humphreys & Co. Solicitors