Goodwill without Borders

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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 languageEnglish
Pages (from-to)285-306
Number of pages22
JournalThe Law Quarterly Review
Volume134
Publication statusPublished - 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

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