The plaintiff owned, ran and promoted a chain of hotels in the USA and elsewhere, but not including any hotel in the UK. Bookings for rooms in their hotels were frequently made from the UK, through an office which the plaintiff maintained in London or via travel agencies. The defendant was a company set up in this country which intended to establish hotels here, though with none in being at the time and none in prospect for some time to come.
Held: On a motion to restrain passing off, the judge granted an interim injunction. He looked ahead to the position as it might be at trial, envisaging that the plaintiff might be able to show that it had a reputation and goodwill which would be exposed to risk from confusion between their business and that of the defendant, even though they were carrying on business in different parts of the world. He did not place specific reliance on the fact of direct bookings or on the plaintiff having an office in this country.
Judges:
Buckley J
Citations:
[1964] RPC 202
Jurisdiction:
England and Wales
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: 04 October 2022; Ref: scu.401813
