Elements
Sufficient goodwill in the trade in question & in local jurisdiction.
Goodwill is the benefit or advantage of good name rep of a business. Attractive force to bring in custody . Distinguishes an old established business from a new one.
COMPAGNIE GENERAL
Pt known internationally for 130 yrs. Present in Malaysia for 5 yrs. Goodwill was established.
DUN & BRADSTREET (S'PORE) v (Malaysia)
Provided info services to 31 companies in Malaysia. 3 yrs presence. Goodwill established.
ELECTRO CAR-AUST
Pt launched anti-theft device 'stopcard' with aggressive advertising. Def launched 'stopcar' 3 days later, 3-days ad established goodwill. Misrepresentation likely to cause/ has caused deception. Pt suffered/likely to suffer damage to business goodwill
Devices
Df uses pt's trade name
REVERTEX
Pt in latex business since '30s. Df registered as Slim Rivertex. Same business. Elements established.
Df uses name specifically associated with the program of part or region
BOLLINGER v COSTA WINE
'Champagne' distinctive of wine made in 'champagne'. Df's product called 'Spanish champagne'.
Df uses Pt's trademark
YORK PACIFIC
Pt's trade mark York Big D. Df adopted it. Dealing with same product. No ads by df. Pt suffered losses.
Df uses name specifically associated with pro. of a part, composition.
ERVEN WARNINK
Pt's drink 'Advocaat' made of eggs and spirit. Df's 'Keeling Old English Advocate' made of eggs and Cyprus wine. Imitation of get-up of pt's goods.
WHITE HUDSON
Cough sweet with red wrapper. Customers cannot read English. Df's made cough sweet with red wrapper called 'Pecto'.
BASKIN ROBBINS
CADBURY v PUB SQUASH
People were not deceived by get up.
Remedies
(1) Accounts of profit
(2) Injunction
(3) Damages
(4) Order for destruction of infringing articles
