References: [2009] HKCFA 48, (2009) 12 HKCFAR 808, [2009] 4 HKC 332, FACV 26/2008
Links: Hklii
Coram: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Mr Justice Gault NPJ
Ratio:(Hong Kong – Court of Final Appeal) The court approved a proposition that a plaintiff ‘must establish a goodwill (in the country or region) in a business in the supply of goods or services’ under the relevant get-up in order to maintain a claim in passing off.
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 . .
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Last Update: 28-Jun-16
Ref: 566016
