The Appellant ("Caterham") claimed exclusivity for its product, the Caterham Seven or Super Seven, and alleged that the Birkin Seven, the product of the first Respondent ("Birkin") was being passed off as that of Caterham's. Caterham Seven and the Birkin Seven were both replicas of the Lotus Seven Series III sports car. There were no registered trademarks, designs or patents that had a bearing on Caterham's rights.

Applying the above principles to the instant case, the Court concluded that Caterham had failed to establish thereputation upon which it relied for its passing­off action. The appeal was accordingly dismissed with costs.Notes