Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731, [1979] 2 All ER 927, [1980] RPC 31, HL
In this case Lord Diplock identified the five characteristics which must be present in order to create valid cause of action for passing off as being: (pg 742) "(1) a misrepresentation (2) made by a trader in the course of trade, (3) to prospective customers of his or ultimate consumers of goods or services supplied by him, (4) which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and (5) which causes actual damage to a business or goodwill of the trader by whom the action is brought or (in a quia timet action) will probably do so."
This has since been reduced to 3 characteristics, in Reckitt & Colman Products Ltd v Borden Inc and others [1990] 1 WLR 491 (the Jif Lemon case) by Lord Oliver.
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