Thus [the IPO] applied the right test when [it] sought customers (or a business) within this jurisdiction," he said.
In the UK if you can prove that your use of a trademark has established "goodwill" in the business associated with that trademark, then this goodwill is protectable. If another trader "passes off" their services as being yours and appears to claim that their services are yours or that you are in some way connected or have endorsed the services, then you can take action.
"What this High Court ruling confirms is that passing off protects custom and not trading names in general.
There is a key distinction between reputation on the one hand and goodwill on the other.
"There was no evidence that any such people existed in the UK in April 2007. "The advent of the internet and the phenomenon of social media have resulted in many foreign businesses and brands achieving notoriety in this country without any actual market presence," Mensah said.
"As desirable as such fame and recognition may be it does not necessarily follow that such brands will be protected in this jurisdiction as a matter of course and it should not be assumed that this is the case," she said.
Even one of our married career ambassadors carried on with local honies.