Hotel Cipriani Sri v Cipriani (Grosvenor Street) Ltd [2010] EWCA Civ 110; [2010] R.P.C. 16: The Court of Appeal Draws the Line on Whether a Foreign Business has an English Goodwill or not

摘要

Hotel Cipriani v Cipriani (Grosvenor St) Ltd is the latest case to raise the question of whether a foreign business has goodwill in the UK, so as to support an action for passing-off .The claimants were the owners of the internationally famous hotel in Venice, and the defendants operated a restaurant in Mayfair. In finding for the claimants, the Court of Appeal adopted a conservative approach to what was necessary to demonstrate the required goodwill. Questions remain as to whether law rooted in the circumstances of 30 years ago, or more, is entirely appropriate for the internet age.