Passing off - Lumos Skincare Ltd v Sweet Squared Ltd.
In Stannard v Reay [1967] RPC 589, and Stacey v 2020 Communications [1991] FSR 49.it had been established that even very modest goodwill can support an action for passing off. Just how modest such goodwill can be was tested in Lumos Skincare Ltd v Sweet Squared Ltd and Others [2012] EWPCC 22 (10 May 2012). This was a claim by a skincare distributor which markets a "pure redesnsifying serum" , a "pure regenerating serum" , a "deep exfoliating mask" and a "pure firming serum" under the brand names "Lumos one" to "four" to beauty salons and through its online shop against the manufacturer and distributor of a range of nail care products. As Mr. Recorder Campbell noted at paragraph [35] of his judgment, the women's skincare market is huge. He referred to an undated article in The Times which stated that "sales of women's facial skincare products in Britain are expected to generate about £1 billion this ...