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Goodwill Hunting in Passing Off – England Retains the “Hard Line” for NOW: Starbucks (HK) Ltd v British Sky Broadcasting Group plc [2015] WLR 2628; [2015] UKSC 31

Saw Cheng Lim

(2015) 27 SAcLJ 589

This recent UK Supreme Court decision has confirmed that the “hard line” perspective to interpreting “goodwill” in the common law action for passing off remains good law in England. There are, however, subtle hints in the judgment that going forward, the court may be prepared to consider and endorse (pragmatic) exceptions or extensions to the “hard line” in appropriate cases.