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Greene & Greene is a long established firm of solicitors based in Bury St Edmunds, Suffolk. Our lawyers advise individuals and businesses based all over the UK.

We regularly attract new clients who have been using firms in London, but now receive a more cost efficient and more personal service from us here in Bury St Edmunds.

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Monday
Mar092015

Don't Put up with Passing Off!

Andrea Nicholls, a senior solicitor in Greene & Greene’s dispute resolution team reports on a recent client success story:

“I was recently able to help Cambridge Network Limited, one of the country’s leading membership organisations that was founded in 1998 by the University of Cambridge and a number of high profile local business leaders, to protect their business when faced with a competitor who was trying to use its goodwill for their own benefit. We successfully obtained an injunction in the High Court to prevent another company trading under the name “Cambs Network” and to force them to remove websites and social media accounts which used that name. The basis of our application was that Cambs Network were passing off as Cambridge Network.

Passing off is the law which enables an established business to take legal action to prevent a competitor from creating the impression that their goods or services are provided by or associated with the established business.

All the following elements must be present in order for a passing off action to exist:

Goodwill. There must be goodwill attached to the goods or services the established business provides. The goodwill of the business is the value of its reputation over and above the simple value of its assets. It is goodwill that distinguishes an established business from a new business.

Misrepresentation. There must be a misrepresentation by a competitor business that leads or is likely to lead customers to believe that the goods and services they offer are in some way associated with or provided by the established business.

Damage. The established business must show that the misrepresentation made by the competitor has caused or is likely to cause financial damage to the established business or damage its reputation.

Cambridge Network acted quickly in engaging Greene & Greene and we obtained an early interim injunction to restrain further dealings by Cambs Network. The Court later granted a final Order, which made the injunction permanent along with a payment by the competitor of our Client’s costs.

Please contact Andrea Nicholls on 01284 717531 or andreanicholls@greene-greene.com for more information. For further details about Greene & Greene solicitors please visit www.greene-greene.com or follow @greenegreenelaw.

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