UK Supreme Court rules on threshold for establishing goodwill

By Jeremy Blum and Flora Greenwood

The UK Supreme Court has confirmed that the tort of passing off depends on having customers in the UK territory. However, it leaves uncertainty around the ability of some online businesses to protect their brand in the United Kingdom

In Starbucks (HK) Limited v British Sky Broadcasting Group PLC the UK Supreme Court has ruled on the question of whether a brand that has its main business overseas but a reputation in the United Kingdom can establish an action for passing off.

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Issue 74