In what circumstances will a plaintiff be able to claim exclusive proprietary rights to the name of a competitor?
British Columbia, Canada
The following excerpt is from Price v. Fernie, 1985 CanLII 670 (BC SC):
In McCulloch v. Lewis A. May (Produce Distributors) Ltd., [1947] 2 All E.R. 845, 65 R.P.C. 58, Wynn-Parry J. said at p. 849: “It is established beyond argument that under the law of England a man is not entitled to exclusive proprietary rights in a fancy name in vacuo” Rather the plaintiff is entitled to the protection of the goodwill of her business in the sense that competitors such as the defendants should not be allowed to represent to the public that their business is that of the plaintiff.
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