Goodwill Hunting – NOW It's Over

Introduction On 13 May, the Supreme Court handed down judgment in Starbucks (HK) Limited and another (Appellants) v British Sky Broadcasting Group PLC and others (Respondents) [2015] UKSC 31. The case is significant in that it affirms the need to establish goodwill, as opposed to a mere reputation, among members of the public in the relevant jurisdiction in order to succeed in a passing off claim. Goodwill internationally will not be sufficient.

Facts Starbucks (HK) Limited (Starbucks) (not the famous coffee shop brand) has operated a subscription-based internet TV service in Hong Kong since 2003 under the name 'NOW TV'. Within Hong Kong, the service is highly successful and Starbucks successfully registered, among others, a community trade mark for the word 'NOW' with stylised lines emanating from the 'O'.