Passing off seminar 3
Acme has now been trading for almost 6 months and has built up quite a substantial customer base,
with many repeat orders. Customers come from all over the UK, with a small percentage coming from
France and Italy. Acme has received a letter from an association called Achme, who are based in Italy,
but have members in the UK. Achme claim that Acme are trading on their (Achme’s ) goodwill, and
are asking that either Acme change their name, or that they prepare themselves for a legal battle in the
English courts.
Achme is a trade association, set up for the purposes of giving information and guidance to retailers of
products aimed at relieving medical problems, such as copper bangles for arthritis sufferers, wrist
supports for typists, flight socks and seven day pill boxes. They have a website which shows many of
the products that their members sell.
Achme think that Acme customers may think that there is a connection between the two, or that Achme
approve the products sold by Acme. Achme will use this as the grounds for a passing off action.
Advise Acme.