Spalding v Gamage

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AG Spalding and Bros v AW Gamage Ltd, (1915) 84 LJ Ch 449 is a leading decision of the House of Lords on the tort of passing off. The Court established a three-part test for a successful claim of passing off. First, the claimant's product must have goodwill. Second, there must be a misrepresentation by the defendant's product, and third, there must be damages inflicted upon the claimant.


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