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Reports of Patent, Design and Trade Mark Cases 2004 121(18):711-735; doi:10.1093/rpc/2004rpc36
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 36

SIR ROBERT McALPINE LTD v ALFRED McALPINE PLC

High Court

(Mann J.): March 2, 3, 5, 8–10 and 31, 20041

[2004] EWHC 630 (Ch), [2004] R.P.C. 36

Passing off—Shared goodwill—Parties distinguishing their businesses by use of appropriate forename—Defendant dropping forename—Whether one joint owner of goodwill can bring action in passing off against the other—Misrepresentation—Whether common identifier alone capable of denoting claimant—Likelihood of damage—Erosion of goodwill—Concept applied to shared goodwill—Elbowing out by one co-owner of the other.

Key Words: Business names • Co-ownership • Damage • Goodwill • Misrepresentation • Passing off

1 Paragraph numbers in this judgment are as assigned by the court.


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