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Protecting Unregistered Brands: A Practical Guide to the Law of Passing Off

Protecting Unregistered Brands: A Practical Guide to the Law of Passing Off

Author: Lorna Brazell
Publisher: Law Brief Publishing
ISBN: 9781912687770
Published In: February 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 489.86

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Description
Contents

Details

Misrepresentation to customers as to the trade source of goods or services, whether through express statements or the unauthorised use of another business’ branding, is an unfortunately common form of unfair competition between traders. Where a brand has been protected through registration as a trade mark, enforcement is relatively straightforward. But if no registered trade marks can be brought to bear, then the common law tort of passing off is the primary tool available to combat this type of behaviour.

The tort has been developed through a succession of cases over more than two centuries so that applying and interpreting the established principles for each new set of circumstances requires very careful analysis of a wealth of decisions. This guide highlights the key principles and the ways in which they have been used to defend businesses’ goodwill across the complete range of industrial and commercial sectors, and sets out the critical issues that a business needs to consider when faced with another trader attempting to suggest some association with its brands.

Chapter One – Introduction: When and Why Do We Need a Tort of Passing Off?

Overview

Why do we need a tort of passing off?

Registered trade marks: potential and limitations

Unfair competition

The scope of the tort

Other possible remedies

Chapter Two – Elements of Classic Passing Off

Goodwill, misrepresentation and damage

Intention is irrelevant

Who can bring a claim

Chapter Three – The Claimant: Goodwill