26064 Inter Lotto (UK) Ltd v Camelot Group plc

Court of Appeal (Pill, Keene and Carnwarth LJJ, 30 July 2003) Trade Marks Act 1994, ss2, 3, 9, 32, 40(3) and 46–48 – appeal – HOTPICK v HOTPICKS for lottery game – effect of passing off relative to1994 Act – relevant date for goodwill and reputation to support passing off claim – date of first marketing or date when registration applied for? – reconciliation with European law – illegality principle – difficulty with question as formulated – appeal dismissed ([2003] EWCA Civ 1132)

Mr M Silverleaf QC and Mr M Hicks (Jones Day Gouldens) for the appellant; Mr G Hobbs QC and Mr P Roberts (McDermott, Will & Emery) for the respondent.