Who really owns your name – Ben Evans published in the CITMA Review
Associate and Chartered Trade Mark Attorney Ben Evans has been published in the March/April 2017 edition of the CITMA Review.
Ben comments on the case of Juthika Bhayni and Bhayani Law Ltd v Taylor Bracewell LLP  EWHC 3360 (IPEC) where a partner in a firm of solicitors sought to prevent her former firm from continuing to use her name, both as part of the firm's name and also as part of a profile for her on their website.
In hearing an application for summary judgment by the firm His Honour Judge Hacon, sitting in the Intellectual Property Enterprise Court, found that the firm owned the goodwill built up by its employees, and partners, and thus that its continued use of the BHAYANI name did not give rise to an actionable passing off. Whilst this is the natural interpretation of case law as it stands it will nonetheless come to a surprise for many professionals who (incorrectly) believe that they build up their own goodwill.
To read the article in full, please click here.
This article was first published in the March/April 2017 issue of the CITMA Review, the journal of the Chartered Institute of Trade Mark Attorneys (CITMA). For more information on ITMA, please visit citma.org.