In your article "Trademark regulations strengthened" (The Lawyer, 10 January) Dawn Osborne is quoted as suggesting that new law was being made in the Montblanc case ("In other major passing off cases the products have all been on the market...But in this one we got an interim injunction before it ever got on to the market.")
This is not so. In the leading case of Jif lemon on trade dress passing off (Reckitt & Colman v Borden) which ended in the House of Lords, Reckitt & Colman obtained an interim injunction from the Court of Appeal. This was before the Borden lookalike went on to the market.
I was the partner in charge of the case for the successful party.