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Skydd för näringsidkares goodwill: En rättslig översikt över näringsidkares möjligheter att skydda goodwill mot tredje parts användning

Helgertz, Lisa LU (2025) HARH13 20251
Department of Business Law
Abstract
In an increasingly globalized and digitized economy, goodwill—the intangible value linked to a company’s reputation, customer trust, and market position—is a central asset for businesses. However, this value is at risk of being rapidly threatened by unfair use and free-riding on reputation, especially through the growing trade of counterfeit goods online. This thesis examines the legal possibilities for businesses to protect goodwill against third-party unfair use, focusing on trademark law, copyright law, and marketing law, limited to Swedish and EU law as well as international agreements and commitments. Using the legal dogmatic method, relevant legislation, case law, and doctrine are analyzed to clarify the applicable law. The results... (More)
In an increasingly globalized and digitized economy, goodwill—the intangible value linked to a company’s reputation, customer trust, and market position—is a central asset for businesses. However, this value is at risk of being rapidly threatened by unfair use and free-riding on reputation, especially through the growing trade of counterfeit goods online. This thesis examines the legal possibilities for businesses to protect goodwill against third-party unfair use, focusing on trademark law, copyright law, and marketing law, limited to Swedish and EU law as well as international agreements and commitments. Using the legal dogmatic method, relevant legislation, case law, and doctrine are analyzed to clarify the applicable law. The results show how intellectual property protections—such as trademark registration and exclusive rights to designs and works—together with marketing law rules against misleading and comparative advertising work in concert to safeguard goodwill values. The thesis also highlights how international agreements and EU law contribute to cohesive protection in a global market. In doing so, the thesis contributes to an understanding of goodwill as a legally protected asset in today’s business environment.

Keywords: Goodwill, unfair use, free-riding, exclusive right, well established reputation. (Less)
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author
Helgertz, Lisa LU
supervisor
organization
course
HARH13 20251
year
type
M2 - Bachelor Degree
subject
keywords
Goodwill, otillbörlig användning, renommésnyltning, ensamrätt, anseende, välrenommé.
language
Swedish
id
9197698
date added to LUP
2025-10-08 09:14:39
date last changed
2025-10-08 09:14:39
@misc{9197698,
  abstract     = {{In an increasingly globalized and digitized economy, goodwill—the intangible value linked to a company’s reputation, customer trust, and market position—is a central asset for businesses. However, this value is at risk of being rapidly threatened by unfair use and free-riding on reputation, especially through the growing trade of counterfeit goods online. This thesis examines the legal possibilities for businesses to protect goodwill against third-party unfair use, focusing on trademark law, copyright law, and marketing law, limited to Swedish and EU law as well as international agreements and commitments. Using the legal dogmatic method, relevant legislation, case law, and doctrine are analyzed to clarify the applicable law. The results show how intellectual property protections—such as trademark registration and exclusive rights to designs and works—together with marketing law rules against misleading and comparative advertising work in concert to safeguard goodwill values. The thesis also highlights how international agreements and EU law contribute to cohesive protection in a global market. In doing so, the thesis contributes to an understanding of goodwill as a legally protected asset in today’s business environment.

Keywords: Goodwill, unfair use, free-riding, exclusive right, well established reputation.}},
  author       = {{Helgertz, Lisa}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Skydd för näringsidkares goodwill: En rättslig översikt över näringsidkares möjligheter att skydda goodwill mot tredje parts användning}},
  year         = {{2025}},
}