NOW TV subscription service into the UK and in June 2012, it launched an "app" in the UK.
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 clients or customers in the jurisdiction for the products or services in question
P had no protectable goodwill in the UK because its customers were its viewers in Hong Kong, not viewers of P's programmes on websites and through airlines in the UK
needed to establish a business with customers within the jurisdiction, or whether it was sufficient to establish a reputation among a significant section of the public within the jurisdiction.
pplied. Where the claimant's business was abroad, people who were in the jurisdiction, but who were not customers of the claimant in the jurisdiction, would not be sufficient, even if they were customers of the claimant when they went abroad.