The claimants, a US company with a UK subsidiary, sought summary judgment in its passing off action against the defendant German company. They claimed a trading reputation in trade shows called ‘Internet World’. It appeared that the defendant had deliberately targeted visitors to the claimant’s shows in its promotions in Germany.
Held: The claimant had established a ‘serious question’ that they owned the goodwill in the name. ‘It is to be noted that all the activities of DC take place in Germany and Austria – none take place within the territorial jurisdiction of this court. But I cannot think that it matters so far as the English law of passing off is concerned. To do acts here which lead to damage of goodwill by misleading the public here is plainly passing off. To do those same acts from abroad will not avoid liability.’ A German trade mark action and an English passing off claim are not the same causes of action.
Judges:
Jacob J
Citations:
Times 27-Mar-1997, [1998] 1 All ER
Jurisdiction:
England and Wales
Intellectual Property
Updated: 04 June 2022; Ref: scu.83593