Passing off - confusion - similar emblem used on pens - evidence of actual confusion not necessary 

M sought to restrain S from passing off it pens as those of M or from infringing M's trademark. S contended that before passing off could be established, evidence of actual confusion amongst the public needed to be produced. 

Held: giving judgment for M, that there was no need to adduce actual evidence of confusion in the public mind as the court was able to reach its own conclusion. M's emblem was well know and that produced by S was confusingly similar.

Mont Blanc Simplo Gmbh v. Sepia Procucts Inc, The Times, 2/2/00

"Current Law"