LAWFUEL.COM – Business + Media Law News – CMS Camerson McKenna report BSkyB was successful in a passing off action against various individuals and businesses which misrepresented themselves as acting with or on behalf of BSkyB in the course of marketing extended warranty contracts and repair services for satellite equipment.
The Court confirmed that misrepresentation could take place by conduct as well as by the making of express statements and, further, considered that a newcomer to a monopoly market place has a duty to avoid confusion with the established supplier.