Passing Off


IPPT20091120, NLSC, Lego v Mega Brands

Dutch Supreme Court: Standardization and slavish imitation - no unnecessary confusion: Under circumstances a need for standardization among the buyers of the products can, however, lead to justification for the imitation of a product that causes confusion. Other considerations for purchase do not affect the justification of the imitation, both in view of the compatibility and the exchangeability. Color and location of the  name apparently sufficiently different to prevent a risk of unnecessary confusion



IPPT19820302, ECJ, IDG v Beele
Free movement of goods and passing off: Injunction against product which for no compelling reason is almost identical and thereby needlessly causes confusion not prevented by rules on the free movement of goods as long as provision protects consumers and stimulates fair trade