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Goodwill
An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.

An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.

In many cases, goodwill is used interchangeably with the word reputation.

A claim for the tort of passing off usually includes an allegation that the defendant's actions depreciated the plaintiff's goodwill.

The Canadian Trade-marks Act (at canlii.org/ca/sta/t-13/), at ¶20 (extract only):

"The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name ...  in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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