References: [1987] NZCA 13, [1987] 2 TCLR 91, [1987] 2 NZLR 395, (1987) 9 NZIPR 367, (1988) 2 NZBLC 102
Links: NZLII
Coram: Somers J
Ratio:(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 . . ‘
This case is cited by:
- Cited – Starbucks (HK) Ltd and Another -v- British Sky Broadcasting Group Plc and Others SC ([2015] ETMR 31, [2015] ECC 19, Bailii, [2015] UKSC 31, [2015] WLR(D) 229, [2015] 1 WLR 2628, WLRD, Bailii Summary, [2015] 3 All ER 469, [2015] FSR 29,#, UKSC 2013/0274, SC, SC Summary)
The court was asked whether, as the appellants contend, 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 . .
(This list may be incomplete)
Last Update: 27-Jun-16
Ref: 566012