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British Hairways

SShakir4y ago
Hi Mike, In lecture, it was stated that the lady was not allowed to run more with the name "British Hairways". In notes, the requirement for Passing-off to breach was "similar name in a similar business". Question: The lady was into some other business however the name was similar to British Airways. Then what reason she was restricted to use that name. Can you please throw some light.
MikeLittleMikeLittleTutor4y ago#1
That's a good question Shakir but, unfortunately, I think I do know the answer :-( It's my understanding that the name "British Airways" is a registered trademark and that our young lady's chosen name for her hairdressing salon was too close to a registered trademark Sad! OK?
SShakir4y ago#2
Noted Mike. But the business was different. There were two conditions i.e. (Similar Business & Similar name) and only one condition met i.e. Similar Name. My mind still not out of this confusion. If we can shed little more light please.
MikeLittleMikeLittleTutor4y ago#3
If you wanted to start a fast-food restaurant and wished to call it McDonlads with a silly grinning colourful clown standing outside and you hung a large yellow letter M outside your premises, I believe that you would rapidly get a call from The McDonalds Corporation That satisfies the similar name, similar business criteria But what if I wanted to open a bicycle repair shop under my name 'Mike's' and had a silly grinning colourful clown standing outside and I hung a large yellow letter M outside my premises? How long before I get a phone call from some heavy corporate American lawyer, do you think? Can you see that, whereas I'm not guilty of the tort of passing off (similar name, similar business) I clearly am guilty of breach of trade-mark / copyright and trying to improve / advertise my business using the world-wide recognised signs of a famous fast-food restaurant And that surely shouldn't be acceptable. And that's why British Airways successfully sued our young emigrated hairdresser Is that better for you?
SShakir4y ago#4
Thank you Mike for detailed explanation. This one is more clearer, i'd say...
MikeLittleMikeLittleTutor4y ago#5
As always, you're welcome
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