Clark v Surrey County Council

Date

13 November 2000

Legislation

Trade Descriptions Act 1968 s3(2)

Keywords

False trade description

Counsel

Unknown

Solicitors:

I. Swan; W. Parker Tuck & Mann, Epson

Judge:

Taylor and Rougier

Court:

Queen's Bench Divisional Court

Reported:

[1992] JP 10 October + [1991] COD 431

Summary:

This case concerned a charge of false trade description as to the producer of the goods. The get-up itself (of a Rubik's cube) in the absence of any mention of the original name of the cube and any logo was not sufficient to create a false description. However, the get-up gave a misleading impression within s. 3(2) of the Trade Descriptions Act 1968 despite the fact that popularity of the original cube had waned.