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The law of passing‐off concerns itself primarily with the protection of a trader's goodwill — his customer connection. It has proved itself an expansive tort action, being used to combat a diverse variety of commercial dishonesty and unfair competition. In the leading case of ERVEN WARNINK BV v J. TOWNEND & SONS (HULL) (‘the Advocaat case’) [1980] RPC 31, Lord Diplock observed:
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© MCB UP Limited
1994
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