C was proprietor of Harrods department store. D 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. C did not run a school, nor did it ever intend to do so. Nevertheless C alleged there was passing off. Held:
· Harrods both:
i) Offers an incredible range of goods and services
ii) Has a long-established and wide reputation for doing this
· However public onlyassociatea trader’s reputation with a limited field of commercial activity
Ø “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 D did not trespass on C’s goodwill.