The Parisian restaurant had an extensive fame and goodwill, was extensively patronised by persons resident in England and had received direct bookings from England to reserve a table there. It sought to stop a restaurant in Norwich from trading as Maxims.
Held: The injunction was granted. The existence and extent of the plaintiff’s reputation and goodwill in every case is a question of fact, however it may be proved and whatever it is based on.
Judges:
Graham J
Citations:
[1977] FSR 364
Jurisdiction:
England and Wales
Citing:
Not Followed – Alain Bernardin and Cie v Pavilion Properties Ltd ChD 1967
The owner of the Crazy Horse Saloon in Paris tried to stop a business in London under the same name. The plaintiff advertised in the UK but carried on no other activities here.
Held: An injunction was refused. The plaintiff had reputation but . .
Cited by:
Cited – Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others CA 24-Feb-2010
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 27 September 2022; Ref: scu.401815
