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Law Cases
Intellectual Property Law Cases
Passing Off Cases

Harrods v Harrodian School [1996] EWCA Civ 1315; [1996] RPC 697

Country:
United Kingdom
By Oxbridge Law Team
Millett LJ
Sir Michael Kerr ...

  • Claimant was proprietor of Harrods department store.

  • Defendant 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.

  • Claimant did not run a school, nor did it ever intend to do so. Nevertheless Claimant alleged there was passing off.

  • In relation to the suggestion that use of term ‘Harrodian’ had diluted the goodwill in Claimant’s name, held:

Millett LJ

  • Harrods both:

    1. Offers an incredible range of goods and services

    2. Has a long-established and wide reputation for doing this

  • However public only associate a trader’s reputation with a limited field of commercial activity

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 Defendant did not trespass on Claimant’s goodwill.

Sir Michael Kerr (dissenting)

  • A trader’s distinctive name can in some cases itself form part of his goodwill.

    • And therefore constitute a property interest.

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