Spalding v Gamage

{{Use dmy dates|date=July 2024}}

{{Infobox court case

| name = AG Spalding and Bros v AW Gamage Ltd

|court = House of Lords

|image =

|imagesize =

|imagelink =

|imagealt =

|caption =

|full name =

|date decided = 1915

|citations = (1915) 84 LJ Ch 449, (1915) 113 LT 198, (1915) 31 TLR 328, (1914-1915) All E.R. Rep 147, (1915) 32 RPC 273

|transcripts =

|judges =

|number of judges =

|decision by =

|concurring =

|dissenting =

|concur/dissent =

|prior actions =

|appealed from =

|appealed to =

|subsequent actions =

|related actions = Trademark Law

|opinions = passing off

|keywords = Tort law

|italic title =

}}

{{italic title}}

AG Spalding and Bros v AW Gamage Ltd, (1915) 84 LJ Ch 449, (1915) 113 LT 198, (1915) 31 TLR 328, [1914-15] All ER Rep 147, (1915) 32 RPC 273, is a leading decision of the House of Lords on the tort of passing off. The Court established a three-part test for a successful claim of passing off. First, the claimant's product must have goodwill. Second, there must be a misrepresentation by the defendant's product, and third, there must be damages inflicted upon the claimant.