The Consumer in Cross-Border Passing Off Cases
(2016) 47 Victoria University of Wellington Law Review 209
Victoria University of Wellington Legal Research Paper No. 74/2022
19 Pages Posted: 9 Aug 2016 Last revised: 14 Dec 2022
Date Written: August 1, 2016
Abstract
This article considers Starbucks (HK) Ltd v. British Sky Broadcasting Group [2015] UKSC 31 in which the Supreme Court of the United Kingdom held that, for the purposes of the passing off tort, goodwill is strictly territorial. It compares this approach with that of New Zealand cases which have adopted a more flexible approach to the protection of goodwill in the cross-border context. The article suggests that, in some cases, the New Zealand approach will be better adapted to consumer experience in the modern international marketplace.
Keywords: Passing Off, Starbucks, Intellectual Property, Goodwill
JEL Classification: K00, K11, K13
Suggested Citation: Suggested Citation