Barnsley Brewery Co Ltd v RBNB: ChD 1997

Walker J noted that the traditional view of brewing (where source and quality of water was important), reflected the view of general beer drinkers who were conscious that beer from certain regions was particularly good, and said: ‘The traditional view is that the source and quality of water is important for brewing . . The traditional view may be of some importance here, as reflecting the view of the general public, including the generality of beer drinkers.’
Goodwill can be acquired by ‘de facto assumption’ or ‘adverse possession’. The relevant time for determining whether there has been a passing off can be the date when the passing off was first threatened.
On an application for an interim injunction in such a case the court may allow for the strengths of the parties’ respective cases.

Judges:

Robert Walker J

Citations:

[1997] FSR 462

Jurisdiction:

England and Wales

Intellectual Property, Limitation

Updated: 15 May 2022; Ref: scu.526098