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Harrods v Harrodian School

[1996] EWCA Civ 1315

Case summary last updated at 02/02/2020 18:55 by the Oxbridge Notes in-house law team.

Judgement for the case Harrods v Harrodian School

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:
Millett LJ
·        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.

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