An example of this is Erven Warnink v J Townsend & Sons (Hull) Ltd 1979 AC 731, in which the makers of advocaat sued a manufacturer of a drink similar but not identical to advocaat, but which was successfully marketed as being advocaat.
Passing Glory | The Ever Passing Moment | ''Sea Princess'' passing underneath the Sydney Harbour Bridge | ''Salmoor'' passing Gourock | Passing Through Gethsemane | Passing out | Message Passing Interface | Message passing | Buck passing |
This was an initiative of Samuel Croxall, who had a history of passing off his compositions as the work of earlier authors.
Writing for the majority, Sexton JA did not comment on the questions of confusion and the elements of the tort of passing off, but did find that the doctrine of functionality applied to trade-marks, whether registered or not.