Brands Update: generating goodwill online across borders

If a TV-on-demand service based in Hong Kong is viewed for free by UK internet users without having targeted or advertised to those users, does it generate goodwill in the UK? The Court of Appeal has said no.

NOW is a Hong Kong on-demand TV service that has many paying subscribers there. It is also available to be viewed for free on the internet by the public in the UK, without need of a subscription. NOW TV did not target viewers in the UK. It had registered a Community trademark and had started to make internal plans to launch in the UK.

In March 2012, BSkyB announced it was launching a UK internet TV service called NOW TV using the following logo…

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