Goodwill without Borders

Catherine  Ng

Goodwill without Borders

Catherine Ng

Law

Research output: Contribution to journal › Article › peer-review

40 Downloads (Pure)

Abstract

Comments on the inconsistency under the English law of passing off that a UK trader may establish the requisite goodwill in its goods or service without showing that it has a customer base whereas, for foreign traders, a finding of goodwill is contingent on evidence of a UK customer base. Evaluates the distinction that has been drawn in extraterritorial passing off cases between "goodwill" and "mere reputation".

Original language	English
Pages (from-to)	285-306
Number of pages	22
Journal	The Law Quarterly Review
Volume	134
Publication status	Published - 30 Apr 2018

Bibliographical note

This work has benefited enormously from the comments of H. Carty, A. Fenwick, L.T.C. Harms, P. Mirfield, M. Silverleaf, D. Vaver and the L.Q.R. referee on their review of earlier drafts. All views expressed (unless specified otherwise) here and all infelicities are mine alone.

Keywords

Consumers
Foreign companies
Goodwill
Marketing
Passing off
Reputation

Access to Document

Accepted Manuscript
This is a pre-copyedited, author-produced version of an article accepted for publication in Law Quarterly Review following peer review. The definitive published version Ng, C 2018, 'Goodwill without Borders' The Law Quarterly Review, vol 134, pp. 285-306. is available online on Westlaw UK or from Thomson Reuters DocDel service .
Accepted author manuscript, 298 KBLicence: CC BY-NC

https://uk.westlaw.com/Document/I41271B8023A811E8952FE921D297A11F/View/FullText.htmlLicence: Unspecified

Catherine W Ng
- School of Law, Law - Senior Lecturer
Person: Academic

Cite this

@article{e185a3b970d64184812e19c1eec06dfa,

title = "Goodwill without Borders",

abstract = "Comments on the inconsistency under the English law of passing off that a UK trader may establish the requisite goodwill in its goods or service without showing that it has a customer base whereas, for foreign traders, a finding of goodwill is contingent on evidence of a UK customer base. Evaluates the distinction that has been drawn in extraterritorial passing off cases between {"}goodwill{"} and {"}mere reputation{"}.",

keywords = "Consumers, Foreign companies, Goodwill, Marketing, Passing off, Reputation",

author = "Catherine Ng",

note = "This work has benefited enormously from the comments of H. Carty, A. Fenwick, L.T.C. Harms, P. Mirfield, M. Silverleaf, D. Vaver and the L.Q.R. referee on their review of earlier drafts. All views expressed (unless specified otherwise) here and all infelicities are mine alone.",

year = "2018",

month = apr,

day = "30",

language = "English",

volume = "134",

pages = "285--306",

journal = "The Law Quarterly Review",

issn = "0023-933X",

publisher = "Stevens & Sons",

}

TY - JOUR

T1 - Goodwill without Borders

AU - Ng, Catherine

N1 - This work has benefited enormously from the comments of H. Carty, A. Fenwick, L.T.C. Harms, P. Mirfield, M. Silverleaf, D. Vaver and the L.Q.R. referee on their review of earlier drafts. All views expressed (unless specified otherwise) here and all infelicities are mine alone.

PY - 2018/4/30

Y1 - 2018/4/30

N2 - Comments on the inconsistency under the English law of passing off that a UK trader may establish the requisite goodwill in its goods or service without showing that it has a customer base whereas, for foreign traders, a finding of goodwill is contingent on evidence of a UK customer base. Evaluates the distinction that has been drawn in extraterritorial passing off cases between "goodwill" and "mere reputation".

AB - Comments on the inconsistency under the English law of passing off that a UK trader may establish the requisite goodwill in its goods or service without showing that it has a customer base whereas, for foreign traders, a finding of goodwill is contingent on evidence of a UK customer base. Evaluates the distinction that has been drawn in extraterritorial passing off cases between "goodwill" and "mere reputation".

KW - Consumers

KW - Foreign companies

KW - Goodwill

KW - Marketing

KW - Passing off

KW - Reputation

M3 - Article

SN - 0023-933X

VL - 134

SP - 285

EP - 306

JO - The Law Quarterly Review

JF - The Law Quarterly Review

ER -

Goodwill without Borders

Abstract

Bibliographical note

Keywords

Access to Document

Profiles

Catherine W Ng

Cite this