in the absence of agreement to the contrary
or other supervening factors, the goodwill in the business so carried on by the licensee under the licensed name or mark will accrue to the licensor rather than the licensee. The licence may be express or implied, provided always that it does not offend against the prohibition on transactions in gross. The licensee acquires no interest in the licensed name or mark and must cease using it on termination of the licence. …
- Miss Recorder Amanda Michaels:
- Class 35
- owned
- and none of them shall use the name of the Partnership
- in the absence of agreement to the contrary
- It is irrelevant whether the goodwill in the licensed business would otherwise have accrued to the licensee, the licensor, or both. It is the parties’ contractual agreement, and not some extrinsic legal fiction or equitable doctrine, which operates to vest the goodwill in the licensor, unless otherwise agreed
- [First Defendant] owns goodwill in residential sales within the Broadway area.
- Passing Off
- Trade Mark infringement – sections 10(1) and 10(2)
- Counterclaim