Case Note: Bhayani v Taylor Bracewell LLP - Goodwill generated by a Partner or Employee
Jane Lambert Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016) In Reckitt and Colman Products Ltd v Borden Inc, and Others , [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was "a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services." His Honour Judge Hacon considered that element in the above-mentioned case . This was an application by Taylor Bracewell LLP for summary judgment ...