Paradise Consortium Lomited trading as Jungle Fyah v Mason, Franklyn trading as Jungle Fiah

Case Number: 
Neutral Citation: 
[2023] JMCC COMM 48
Date of Delivery: 

Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of possession – Whether the Claimant is entitled to recover rent – Costs


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