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Tuesday, 6 September 2005

GOODWILL TO ALL MEN


The IPKat has received a request for information from one of his friends. It's about goodwill.

When a business - for example a shop - trades under a name, it will enjoy goodwill in that name. But goodwill can be generated by other factors too, such as the location of the premises or the continued support of previous customers. At least in theory it should therefore be possible for a business to assign the goodwill in its name to assignee X and the goodwill in other intangible assets to assignee B. The IPKat's pretty sure that this is something that is done not just in theory but in practice too, but his friend would like to know the following:

* are there any tricky problems for a business to be wary about when splitting its goodwill in this way?

* can anyone recommend (or at least identify) anything that has been published on this issue?

* are there any reported judicial decisions in which the splitting of goodwill in this way has been considered?
Please post your answers below or email them here to the IPKat.

4 comments:

Anonymous said...

What about goodwill to all women?

Jeremy said...

for the purpose of goodwill, "men" embrace "women" :-)

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