Goodwill Hunting in Passing Off: England Retains the 'Hard Line' for Now: Starbucks (HK) Ltd v. British Sky Broadcasting Group Plc
Cheng Lim Saw
Singapore Management University - School of Law
Singapore Academy of Law Journal, Vol. 27, pp.589-600, 2015
Singapore Management University School of Law Research Paper No. 49/2015
This recent UK Supreme Court decision has confirmed that the “hard line” perspective to interpreting “goodwill” in the common law action for passing off remains good law in England. There are, however, subtle hints in the judgment that going forward, the court may be prepared to consider and endorse (pragmatic) exceptions or extensions to the “hard line” in appropriate cases.
Number of Pages in PDF File: 12
Date posted: November 6, 2015