A Swiss corporation manufacturing electronic components asserted an international reputation and goodwill in the name of ‘Suhner’. The defendants disputed that the plaintiff had goodwill in the United Kingdom. From 1946 until some years thereafter another company was the sole distributor in Great Britain of the plaintiff’s high frequency connectors and cables. That distribution arrangement was initially a direct relationship, but from about 1960 the plaintiff supplied the distributing company with goods to distribute in the United Kingdom through a Swiss associate. In 1967 the distribution arrangement ended and the plaintiff decided to form its own company to distribute its product in the United Kingdom, but found that the defendant company was already registered with the name ‘Suhner’.
Held: Plowman J made no conclusive finding that the plaintiff had goodwill in the UK, but it is clear that its goods had been sold here. An interlocutory injunction was granted estraining the defendant company from remaining registered under its current name.
Judges:
Plowman J
Citations:
[1967] RPC 336
Jurisdiction:
England and Wales
Cited by:
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.
Intellectual Property
Updated: 12 April 2022; Ref: scu.566006