After our lectures on passing off, I found a case that involved two fashion companies. In Original Beauty v G4K, the High Court did not find that passing off had been established. In its claim, Original Beauty, House of CB, argued that G4K, Oh Polly, copied its “get up” and misrepresented to the public that Oh Polly was the sister brand of House of CB. House of CB claimed that Oh Polly had copied the following elements: business model and focus, garment design, locations, themes and styling of photoshoots, models used, packaging design, and website design. However, House of CB ultimately failed in its claim of passing off, as they were unable to prove that there was a substantial number of consumers that had been deceived into believing that two brands were sister companies. It seems that passing off is very difficult to prove in terms of a particular branding and marketing style, even if it is an outright copy.
Here is some further reading on the case:
https://www.mishcon.com/news/house-of-copycats-infringing-designs-but-no-passing-off
https://www.dyoung.com/en/knowledgebank/articles/design-original-beauty-g4k
Communications Law