Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › British Hairways
- This topic has 5 replies, 2 voices, and was last updated 10 months ago by MikeLittle.
- May 24, 2022 at 3:17 pm #656346
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.May 24, 2022 at 6:39 pm #656374
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
OK?May 25, 2022 at 5:19 am #656402
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.May 25, 2022 at 7:07 am #656406
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?May 25, 2022 at 11:04 am #656424
Thank you Mike for detailed explanation. This one is more clearer, i’d say…May 25, 2022 at 10:00 pm #656457
As always, you’re welcome
- You must be logged in to reply to this topic.