French car manufacturers had established a reputation under their name in this country. The defendant company was formed not to take over the plaintiffs’ goodwill, but to block the plaintiffs from entering this country.
Held: Injunctions were granted requiring the defendants to change the name of their company and not to trade in that name, as to which: ‘The question of the plaintiffs’ right to an injunction is covered by Collins Co v Brown ; but, apart from that authority, I should have thought it was plain that in a case such as I have stated this court would certainly interfere to protect a foreign trader who has a market in England, in the way I have specified, from having the benefit of his name annexed by a trader in England who assumes that name without any sort of justification.’
(1901) 2 Ch 513
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.
Updated: 17 May 2022; Ref: scu.239092