The court granted an injunction on the grounds of the common law principle of passing off but refused to grant an injunction under the CPA. The court did not consider that what the defendant has done in relation to the design of its packaging constitutes a commercial practice involving “marketing or advertising” within the meaning of the CPA. As a result, the contested use of the plastic bags, was not considered to be a commercial practice within the meaning of the UCP Directive.
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