logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

ASA agree it is possible to trade on reputation of defunct company

10 January 2014

The ASA has rejected a complaint that Abacus Lighting Ltd was misleading as to their reputation and history when claims made on their website - to ‘extensive experience and a proven track record’ and  a ‘hard earned reputation’ dating back ‘over 55 years’  - related to previous companies that had gone into administration.

The original company in fact went into administration for one minute before acquisition and a name change had occurred simultaneously.  Abacus could demonstrate  it had purchased the trading assets, goodwill, intellectual property rights and shares of the defunct organisation.

It was particularly relevant that Abacus had taken on the debts and liabilities and were honouring the guarantees of the previous company; therefore companies should carefully consider what exactly they are signing up for in an asset purchase.  If they wish to rely on the purchased company’s reputation and trading history in future advertising it may not be sufficient in the eyes of the ASA to merely have purchased the goodwill, they will need to be seen to be maintaining it too.

related opinions

Covid-19 student testing and the Christmas travel window

The government has issued its guidance on how University students will be able to travel home safely at Christmas.

View blog

Government guidance on Higher Education - updated

On 30th September, the government updated its guidance to universities on re-opening their buildings and campuses.

View blog

Government guidance on Covid-19 for Higher Education (HE) institutions

Following the Prime Minister’s announcement on new measures to tackle Coronavirus, and with students about to start new terms, the government has updated its guidance to universities to make their buildings and campuses as safe as possible.

View blog

Government announces ten-year programme of school rebuilding

Ambitious funding plans, announced recently by the Prime Minister, have made clear that spending on school buildings is seen as a key element of efforts to stimulate the economy post-COVID.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up