(Court of Appeal of New Zealand) The court considered looked at the degree of activity required to justify a finding that an international company had sufficient business connection in New Zealand to which goodwill could attach.
Held: Somers J said: ‘One important limitation on the right of a trader to restrain another is that he must show an invasion of that tangible right of property compendiously described as goodwill . . The existence of a trading reputation is not by itself sufficient – there can be no damage other than to a right of property . . ‘
Judges:
Somers J
Citations:
[1987] NZCA 13, [1987] 2 TCLR 91, [1987] 2 NZLR 395, (1987) 9 NZIPR 367, (1988) 2 NZBLC 102
Links:
Cited by:
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Intellectual Property
Updated: 18 May 2022; Ref: scu.566012
