Sir Robert McAlpine Ltd. v Alfred McAlpine Plc

Sir Robert McAlpine Ltd. v Alfred McAlpine Plc

The Defendant's use of 'McAlpine' without the distinguishing 'Alfred' amounts to a misrepresentation in the relevant market, as the name is capable of referring to the Claimant and is associated with both parties' shared goodwill. This misrepresentation is likely to cause real damage to the Claimant's goodwill, including risk of loss of business, adverse association, and dilution of exclusivity. The law of passing off protects against such damage, and the Claimant is entitled to injunctive relief.

Parties
Claimant: Sir Robert McAlpine Limited; Defendant: Alfred McAlpine Plc
Jurisdiction
England and Wales
Judgment Date
31 March 2004
Procedural Posture
Civil Passing Off / Judgment After Speedy Trial
Outcome
Claim allowed. Injunction granted.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Joint Ownership of Goodwill, Injunctive Relief
Intellectual Property Commercial Law Passing Off Goodwill Misrepresentation Joint Ownership of Goodwill Injunctive Relief

Case Brief

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Parties

Sir Robert McAlpine Limited

Claimant

Alfred McAlpine Plc

Defendant

Procedural Posture

Civil Passing Off / Judgment After Speedy Trial

Legal Issues

  1. 1 Whether the Defendant's re-branding and use of 'McAlpine' without 'Alfred' amounts to passing off against the Claimant.
  2. 2 Whether there is a misrepresentation likely to cause damage to the Claimant's goodwill.
  3. 3 Whether the parties' shared goodwill in the name 'McAlpine' entitles the Claimant to relief.

Ratio Decidendi

The Defendant's use of 'McAlpine' without the distinguishing 'Alfred' amounts to a misrepresentation in the relevant market, as the name is capable of referring to the Claimant and is associated with both parties' shared goodwill. This misrepresentation is likely to cause real damage to the Claimant's goodwill, including risk of loss of business, adverse association, and dilution of exclusivity. The law of passing off protects against such damage, and the Claimant is entitled to injunctive relief.

Court Disposition

Claim allowed. Injunction granted.

Orders

  • The Defendant is restrained from carrying on its business in the provision of construction, civil engineering, Private Finance Initiative, property development and capital projects services and ancillary services under or by reference to the name 'McAlpine' without the addition of the name 'Alfred' in substantially...
  • The Defendant is restrained from otherwise passing off such services as those of or associated with the Claimant.