Trade mark

The appellants, whose subscribing customers were based in Hong Kong, were using the trade mark “NOW TV” in respect of its TV services. The defendants announced the launch of its NOW TV service in the UK. The claimants issued proceedings in the High Court for, among other things, passing of. The High Court and the Court of Appeal dismissed the action in passing off. The Supreme Court held that the appellants had not generated a protectable goodwill in the UK as they needed to establish business with customers within the jurisdiction.