Star Industrial Co Ltd v Yap Kwee Kor: The End of Goodwill in the Tort of Passing Off

Chapter to be published in its final form in Landmark Cases in Property Law, ed S Douglas, R Hickey & E Waring (Hart Publishing, 2015) 277-289.

16 Pages Posted: 14 Feb 2015

See all articles by Jonathan Griffiths

Jonathan Griffiths

Queen Mary University of London, School of Law

Date Written: February 12, 2015

Abstract

The decision of the Privy Council in Star Industrial Co Ltd v Yap Kwee Kor in 1975 remains significant in the law of passing off. In that case, on appeal from the Court of Appeal of Singapore, the Privy Council considered the circumstances in which the property right protected in passing off would come to an end through abandonment. Star Industrial is still cited as the leading authority on that point today. In that respect, it has been more durable than the plastic toothbrushes with which it was concerned. Furthermore, in an area of law that is often characterised as ‘protean’ in form and development, Star Industrial’s approach to abandonment remains striking for its apparent clarity and strictness. For that reason alone, it might be regarded as a landmark in this area of property law – an unyielding granite outcrop in a landscape that is generally made up of much more malleable material.

In this chapter, I outline the key features of the claim in passing off. I then move on to explain the decision in Star Industrial and to demonstrate its continuing significance. I argue that, while apparently uncontroversial, the Opinion of the Privy Council fits rather uncomfortably within the framework of protection generally accorded to unregistered marks. While the fundamental principles of the law of passing off are generally aligned closely with the reactions of real marketplace consumers, Star Industrial establishes a rule that seems inconsistent with this approach. As such, its status as a landmark may be more problematic than has hitherto been suggested.

Keywords: property, passing off, tort, unregistered trade marks, trade marks, abandonment, goodwill, singapore, privy council

JEL Classification: K11

Suggested Citation

Griffiths, Jonathan, Star Industrial Co Ltd v Yap Kwee Kor: The End of Goodwill in the Tort of Passing Off (February 12, 2015). Chapter to be published in its final form in Landmark Cases in Property Law, ed S Douglas, R Hickey & E Waring (Hart Publishing, 2015) 277-289., Available at SSRN: https://ssrn.com/abstract=2564045

Jonathan Griffiths (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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