Harrods v Harrodian School [1996] EWCA Civ 1315; [1996] RPC 697

• Claimant was proprietor of Harrods department store.

• Defendant opened a preparatory school named the ‘Harrodian School’ in premises upon which the ‘Harrodian Club’ (a club originally founded for the store’s employees) had been situated.

• Claimant did not run a school, nor did it ever intend to do so. Nevertheless Claimant alleged there was passing off.

• In relation to the suggestion that use of term ‘Harrodian’ had diluted the goodwill in Claimant’s name, held:

Millett LJ

• Harrods both:

  1. Offers an incredible range of goods and services

  2. Has a long-established and wide reputation for doing this

• However public only associate a trader’s reputation with a limited field of commercial activity

To be known to everyone is not the same as to be known for everything

• Only goodwill can be protected by passing off.

• Thus use of Harrods name by Defendant did not trespass on Claimant’s goodwill.

Sir Michael Kerr (dissenting)

• A trader’s distinctive name can in some cases itself form part of his goodwill.

  • And therefore constitute a property interest.