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

Keywords

  • Consumers
  • Foreign companies
  • Goodwill
  • Marketing
  • Passing off
  • Reputation

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