C was a successful pop-music production company known to UK public as ‘The Hit Factory’. C did not trade as ‘the Hit Factory’, but had released three compilation albums of their hits under that title. D, a record company who owned a studio in London, entered into agreement with owner of a studio in New York for refurbishment and running of London studio. New York company had traded as ‘The Hit Factory’ since 1970, and granted licence to D to use that name. C sued for passing off. Held:
Browne Wilkinson VC
· See notes
· I personally believe test of whether C had a ‘trade connection’ to UK is preferable
Ø However because of previous higher authority, the most liberal interpretation it is possible to give test is that C needs UK customers
· On facts, New York studio has had substantial number of customers in UK since its creation
Ø Thus is entitled to use its name within the UK
