Last edited by Brarr
Thursday, February 13, 2020 | History

3 edition of law of passing-off found in the catalog.

law of passing-off

Christopher Wadlow

law of passing-off

  • 263 Want to read
  • 26 Currently reading

Published by Sweet & Maxwell in London .
Written in English

    Places:
  • Great Britain.
    • Subjects:
    • Trademarks -- Law and legislation -- Great Britain.,
    • Goodwill (Commerce) -- Great Britain.,
    • Competition, Unfair -- Great Britain.,
    • Product counterfeiting -- Great Britain.

    • Edition Notes

      Includes bibliographical references (p. 475-482) and index.

      Statementby Christopher Wadlow.
      Classifications
      LC ClassificationsKD1439 .W33 1990
      The Physical Object
      Paginationxliii, 497 p. ;
      Number of Pages497
      ID Numbers
      Open LibraryOL1924311M
      ISBN 100421361808
      LC Control Number90136654

      Professor Wadlow sets out very well and succinctly the development of the torts of passing-off and injurious falsehood in the nineteenth and early twentieth centuries at paras — Confusion between medicinal products may, therefore be life threatening, not merely inconvenient. The said remedies are governed by common law and court may pass a judgement in favour of prior user granting permanent injunction against the subsequent user of the trademarkon being satisfied based on facts and circumstances of a particular matter. Library descriptions. However, provided that damage has been suffered as a result of the misrepresentation, it is likely to be possible to establish a passing off case.

      In a case titled as Delco Engg. The main ingredients of the common law tort - goodwill, damages, misrepresentation and adoption of plaintiffs' indicia - are discussed in separate chapters. For consumers simply to know that a particular brand identifies certain goods or services as originating from a particular business is not sufficient unless there is evidence of sales figures, advertising spend, press coverage, awards, web pages or social media references. We'll forward it anonymously to the lawyer of your choice. Accordingly, celebrities whose images or names have been used can successfully sue if there is a representation that a product or service is being endorsed or sponsored by them or that the use of their likenesses was authorised when this is not true.

      After receiving personalized responses by email, you can then contact the lawyer of your choice. As Rihanna had not given her consent, she argued that her image on the t-shirt amounted to a misrepresentation that she was associated with it, encouraged the public to buy it and this resulted in damage to her reputation and goodwill as a fashion icon. Thus, certain distinguishing features such as sounds, scents, and holograms that may not traditionally fall under the definition of "trade-mark" in Canadian law can still be protected through a common law passing off claim provided the elements of the tort are satisfied. Professor David Vaver suggests generally that "[t]he basic theory of the tort is to prevent the disruption of economic relations by deliberate or innocent misrepresentations that deceive or confuse consumers in their marketplace decisions.


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Law of passing-off book

While its tort law derives from the English common-law tradition, and indeed Israeli courts continue to be influenced by the jurisprudence of passing off under English law, as well as other common-law jurisdictions, the Israeli law of passing off is embodied in statute rather than at common law.

Do old editions of books such as Wadlow really die? Applicability to subject matter[ edit ] A statutory action under section 7 of the Trade-marks Act requires that the subject matter in question be a "trade-mark" as defined in section 2 of the Trade-marks Act. Differences between common law and statutory passing off[ edit ] The statutory action under section 7 of the Trade-marks Act has been described by Chief Justice Bora Laskin of the Supreme Court of Canada as "a statutory statement of the common law action of passing off".

The Claimant objected and brought an action for passing off against the Defendant. The data of catalog based on open source database.

As a consequence, the vast nature of the law means that The Law of Passing-Off is an absolute must for any Intellectual Property practitioner. So, the law of passing off comes into application when the following elements are present: Goodwill need to be established by the person seeking benefit for passing off action There must be deceptive similarity in the products in question.

The whole thing has to be approached from the point of view of a man of average intelligence and of imperfect recollection. Not just any old IPKat Elements and characteristics of passing off There is no specific legislation governing passing off, and as such the law of passing off has been established through case law.

The Law Of Passing Off by Christopher Wadlow

Thus, certain distinguishing features such as sounds, scents, and holograms that may not traditionally fall under the definition of "trade-mark" in Canadian law can still be protected through a common law passing off claim provided the elements of the tort are satisfied.

It meets directly the long-felt need among practitioners for a reference combining clear, incisive analysis of an often murky area of the law, with a useful, logically arranged discussion of major cases.

Are you sure you want to remove The law of passing-off from your list? For more details. The criteria are often: aural, visual and conceptual similarity often applied in trademark infringement cases. Drugs are poisons, not sweets. Library descriptions. When contacting a lawyer via email, do not disclose confidential information on your case.

Passing off cases What is passing off? Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

Disclaimers may not be enough to avoid passing off or cause of action. The determination of the need for legal services and the choice of a lawyer are extremely important decisions.

Passing Off law

Against this framework, an interesting question arises in comparing the scope of the passing off right, when it is based on statute, with the right at common law.Author of book sued the TV producers for passing off.

Claim dismissed. Although the title 'Mythbusters' was capable of generating exclusive goodwill, and the claimant had established a reputation in the UK sufficient to attract passing off protection between andit thereafter diminished so that it was no longer significant by Passing off: In common law countries such as the United Kingdom, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trademark rights.

passing off

The tort of passing off protects the goodwill of a trader from a misrepresentation. Printed dictionaries and other books with definitions for Passing off. Aug 31,  · passing off #ipkenya Weekly Dozen: 31/ August 31, September 1, / Victor Nzomo / Leave a comment.

by its cover, this blog briefly examines the contents of this paged paperback text to establish whether it is a book on IP Law in Uganda or a book on IP Law in East Africa or something else altogether.

atlasbowling.com; The American Lawyer; Corporate Counsel; The National Law Journal; Legaltech News; InsideCounsel; New York Law Journal; The Legal Intelligencer; Connecticut Law. This new edition is fully updated with the latest case law in the UK and Commonwealth.

Renowned for its clear analysis of the law, this is the essential reference on the subject of passing-off. Explains the importance of goodwill, its creation, ownership, and issues of extinction and revival.

The law of passing off: Intellectual property rights. 1) The law of passing off, protects the intellectual property rights a person has in their creation where another person seeks to exploit a similarity between that creation and another creation [1].Intellectual property rights have been explained in .