Channel Four Wins Descriptive Cite Passing Off Case

is grateful to Tom Cowling of Swan Turton for word of the victory of his firm’s client, Channel four inwards A & east Televisions Networks five Channel four Television Corp. Judgment was handed downward past times His Honour Judge Fysh QC SC today.

The passing off claim centered but about the term INTERVENTION. A&E Television used the term every bit the championship of i of its programmes, broadcast inwards the US, concerning a psychotherapeutic technique known every bit ‘intervention’ where people suffering from addictions or compulsive demeanour disorders are treated past times a professional person ‘interventionist’ who arranges a surprise confrontation betwixt the patient together with his or her theatre unit of measurement and/or friends.

Channel four broadcast a programme inwards the Great Britain on the same technique entitled ‘Intervention: We’re Coming to Get You’

The guess flora that in that place was no passing off. Although in that place was some confusion amidst TV executives responsible for licensing programmes, this was the direct chances ran past times whatever trader that chooses a descriptive name. Moreover, inwards the close-knit basis of TV production, such confusion could easily hold out dispelled.

Said the judge:

"The police describe of passing off volition non countenance the unfair monopolisation of descriptive words or terms".

is ever inwards 2 minds most cases similar this. On the i hand, he doesn’t similar to come across consumers confused. On the other, he doesn’t similar to come across contest harmed past times over-strict IP rules. Luckily the lawsuit doesn’t arise together with hence oftentimes every bit its together with hence difficult to make goodwill inwards descriptive terms.