Claimant had a successful nightclub called the ‘Ad-Lib’ club. Was forced to close.
After 5 years had passed, Defendant opened a club called the ‘Ad-Lib’ club. However at this time, Claimant was actively seeking new premises to reopen the original club.
Goodwill of Claimant had survived.
This because Claimant was actively seeking new premises.
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Intellectual Property Law | Passing Off Cases (10 pages) |