He planned to open a hotel there and, some time later, he mentioned this plan to Lord Iveagh, who was dining at Harry’s Bar. The nature of the use which constitutes the alleged infringement is plainly relevant, as the judge held at para.158.) Referring to older cases, he said that the critical questions, until the Crazy Horse case, had always been (a) the use of the name in this country and (b) the presence of customers here (page 52). The particular agreement was for the sale of the premises of a wholesale manufacturing business which was carried on in Germany together with the goodwill of the business, all of whose customers were in Germany. 11 Associated with Harry’s Bar is a logo consisting of a stylised drawing of a bar tender pouring out three cocktails. Others may necessarily be supplied at the premises of the customer. Next, also on motion, Pennycuick J. decided Alain Bernardin & Cie v Pavilion Properties Ltd  R.P.C. (), H44 (17) On the judge's findings the defendants had shown that Harry's Bar had a significant number of English customers, and that it had a substantial reputation in England, but not that it had a sufficient association with the mark CIPRIANI. It is for the national court to carry out an overall assessment of all the relevant circumstances in order to assess, more specifically, whether Céline SARL can be regarded as unfairly competing with Céline SA (see, to that effect, Anheuser-Busch, para.84). Fourthly, if the defendants had taken competent legal advice, they would have been advised that there was at least a serious risk of infringement of the CTM. 15 Following the successful opening of the Hotel Cipriani, Lord Iveagh asked Giuseppe Senior to run a small hotel which he owned in Asolo, a hill town some way northwest of Venice. However, it does not seem to me that this case offers a suitable opportunity. The third defendant gave a licence to the first defendant to use the name Cipriani. The first is Sheraton Corporation of America v Sheraton Motels Ltd  R.P.C. I have already referred to the question of concurrent reputation and goodwill, and to the judge’s findings on reputation and goodwill. At para.43 of the judgment he said this about the defence: “As the judge said, the defence has never been held to apply to names of new companies as otherwise a route to piracy would be obvious. Jacob J. granted summary judgment and the Court of Appeal, in substance, dismissed the appeal. 35. There are other companies connected with the defendants, and referred to by the defendants as being parts of the Cipriani group of companies, but for present purposes it is unnecessary to mention them. He rejected the case based on concurrent goodwill on the facts at para.232. and Charlotte May instructed by Withers LLP appeared for the appellants/defendants. 70 Mr Thorley submitted that the relevance of a trading name is established by the recent decision of the ECJ in Céline Sarl v Céline SA Case C-17/06  E.C.R. 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There was no evidence of direct bookings being made from the UK (para.30) at either relevant date. Premises were found (part of those still used) and the bar was opened in May 1931. 2 adults; Book. Only two are owned within the Cipriani family, but differently from each other, namely Harry’s Bar and Locanda Cipriani. 39, ECJ, Inland Revenue Commissioners v Muller & Co’s Margarine Ltd  A.C. 217, HL. The same test may not be appropriate for each kind of service, unless it is expressed at a fairly high level of generality. It is local in character and divisible; if the business is carried on in several countries a separate goodwill attaches to it in each. However, it does not seem to me that it is necessary or appropriate to adopt a general principle such as that in order to decide this appeal. The goodwill of a business must emanate from a particular centre or source. In that way his submissions seek to test the question of law as to what is necessary for the reputation of a business abroad and its mark to qualify as goodwill in this country in two ways: first, is what the claimant can show sufficient? 27 The first claimant is the registered proprietor of CTM number 115824, with effect from 1 April 1996, for the word Cipriani in respect of goods and services which include: “Hotels, hotel reservation, restaurants, cafeterias, public eating places, bars, catering; delivery of drinks and beverages for immediate consumption.”. 60 In relation to this argument, it is necessary to consider two decisions of the Court of Appeal and a subsequent decision of the ECJ. The first claimant, the owner of the Cipriani Hotel in Venice successfully brought a claim against the first defendant for trademark infringement and passing off in relation to the London restaurant called ‘Cipriani London’. Copy link. One of the founders of HC was AC’s father, also called Giuseppe Cipriani (“GC Senior”). At page 469 he said, “Now Mr. Kentridge has, throughout his clear and helpful address to the court, repeatedly referred to goodwill in the words of Lord Macnaghten in the Muller’s Margarine case as “the attractive force which brings in custom.” But one asks oneself “what custom in this country in 1973 was brought in by the knowledge of members of the indigenous British public of the plaintiffs’ Budweiser beer?” And the answer must be that there was none, because however attractive they may have found the idea of drinking the plaintiffs’ beer, they could not get it. He did not find that it had goodwill in the UK. I particularly wish to endorse what Lloyd L.J. Secondly, if it is, why is that which the defendants can show not sufficient (as the judge held)? He pointed out that the basis of the Crazy Horse decision, that business activity other than merely advertising was necessary, was not fatal to The Hit Factory Inc, because that company had English customers which placed their business with it and who were invoiced in this country. These exceptions to the first claimant's exclusivity proved nothing in favour of the defendants. As I have indicated above, I do not accept Mr Thorley’s challenge to his failure to make such a finding by inference as to the facts and accordingly, subject to the legal issue to which I will come later, I will deal with the case on the footing that the goodwill of Hotel Cipriani in England is exclusive as against the defendants, even though it is not, or may not be, exclusive as against Hotel Villa Cipriani or Locanda Cipriani. (), H31 (4) The judge’s treatment of the issue of bad faith had been comprehensive and thorough, providing for a number of possible outcomes on the facts. It also holds UK trade marks in respect of the same word and phrase and for the same goods and services. Spa; Golf; Beach; Diving; Ski; No result for this search. The same applied to the use of Cipriani London, which was, in fact, the trading name adopted by the first defendant and which did count as its “own name” for this purpose. held that the plaintiffs could not show that at the relevant time (in 1973) they had already acquired goodwill in this country from the marketing of their beer in this country, on the basis that sales on American bases were an extension of the plaintiffs’ American market, not a market with the public in this country. The first letter before action was sent in April 2006. They used a characteristic get-up including the words “ACE BRAND” and a letter device. It used the word Céline to designate the business and the shop, not in relation to any particular products. 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