C, the FA, was owner of copyright in a lion mascot from 2006 World Cup called ‘World Cup Willie’. D applied to register the name and lion symbol in respect of merchandise. C opposed registration on grounds that C still had goodwill in original mascot. Held:
· D obviously believed that there was residual commercial value in World Cup Willie
Ø as otherwise they would not have been willing to pay for it.
· Thus as a consequence there was residual goodwill in World Cup Willie.
Ø i.e. as it was precisely this goodwill that D was confident of using to make a profit.
Ø This despite 40 years of non-use.