On 5 June 2017, CW Ling gave a lunch-time talk to the Hong Kong Institute of Trade Mark Practitioners entitled “From Maxim’s to Starbucks: the Intractable Issue of Goodwill”. During the hour-long presentation, he explored the controversial issue of goodwill in the context of international trade. To what extent can a foreign trader protect his reputation in a particular jurisdiction where he has no actual presence or business there?
Key Highlights of the talk included:
- A comparison of the approaches of the courts in various common law jurisdictions to the problem
- The recent decision of the UK Supreme Court in Starbucks (HK) Ltd v British Sky Broadcasting Corporation (2015)
- A review of Hong Kong case law including the Maxim’s case (1983)
- An interactive discussion on how the law of passing-off may better serve the modern needs of businesses and consumers
The talk was well-received by the audience of around fifty IP lawyers and practitioners and stimulated a lively discussion during the Q&A session.
CW would like to thank all those who attended the talk and Deacons for providing the lunch and venue.