Fox booted out — abandonment of goodwill bars defence of honest concurrent use

Where a company restarted use of a device that had been used by another company that had closed its operations more than 40 years earlier, the present-day company could not use the earlier but now extinguished goodwill as a defence to a passing off action brought by an unrelated trader using a similar device.

The parties had a ‘common ancestor’ as both derived their use of the fox and boot device in question legitimately from the same source.

After the defendant acquired the goodwill and other rights in the device in 1964, the UK business was shut down. The defendant took no steps to preserve the UK business (which the vendor had taken active steps to shut down) or to educate the public that it was the successor to the now-defunct business…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of lawyers: 860
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)

Jobs