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

See all articles by Graeme W. Austin

Graeme W. Austin

Victoria University of Wellington

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

Austin, Graeme W., The Consumer in Cross-Border Passing Off Cases (August 1, 2016). (2016) 47 Victoria University of Wellington Law Review 209, Victoria University of Wellington Legal Research Paper No. 74/2022, Available at SSRN: https://ssrn.com/abstract=2816783

Graeme W. Austin (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

HOME PAGE: http://www.victoria.ac.nz/law/about/staff/graeme-austin

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