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A claimant in a passing off claim had to establish that it had actual goodwill in the jurisdiction and that such goodwill involved the presence of clientele or buyers in the jurisdiction for the products or services in question. Mere reputation was not adequate to amount to goodwill.
Standard disclosure had previously been ordered in directions by consent, but the patentee, Husqvarna, applied to amend the directions by an order that there be no disclosure on obviousness. As the judge explained Disclosure from the patentee in obviousness cases has been a notorious point for several years.” The authority is the Court of Appeal in Nichia v Argos, which, by a majority, did not make a prima facie rule against obviousness disclosure. However, in this case, Birss J decided that the thoughts and comments of the inventor in relation to the prior art would be unlikely to be probative, and would not be worth the expense. Accordingly, Birss J, who has by no means been keen on disclosure unless it can be particularly justified, reversed the path on disclosure, and refused disclosure on obviousness.
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