The claimants brought an action against the defendant, alleging that by reason of the get up of the defendant’s pharmaceutical it had carried out acts of passing off. Subsequently, the claimants contended that there was evidence to indicate that three foreign companies in the same group as the defendant had taken an active role in the creation of the design of the product and its packaging. The claimants sought to join those companies as primary and/or joint tortfeasors along with the defendant for passing off. It was common ground that before the court would exercise its discretion to join the companies it had to be satisfied that the proposed pleaded allegations against them disclosed a sufficiently arguable.
WLR Daily, 2nd November 2016