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Passing off – Descriptive name. The Chancery Division dismissed applications by both the claimant and the defendant companies for summary judgment in circumstances where consumers had looked at the defendant's website by mistake, generating advertising revenue for the defendant. The court held that the case was not suitable for summary judgment and that the defendant's application for a declaration of non-infringement would not be granted.
Passing off – Descriptive name. The Chancery Division dismissed applications by both the claimant and the defendant companies for summary judgment in circumstances where consumers had looked at the defendant's website by mistake, generating advertising revenue for the defendant. The court held that the case was not suitable for summary judgment and that the defendant's application for a declaration of non-infringement would not be granted.
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