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Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. Passing off and the law of registered trade marks deal with overlapping factual situations, but deal with them in different ways.
Evidence that a defendant used a trademark with the intent to falsely represent his product and pass it off as the plaintiff's product is evidence of infringement. Brown Chemical Co. v. Meyer et al. 139 U.S. 540 1891 Substantive Infringement; Descriptive terms; Names as marks Majority: Brown: N/A
he alleged infringer's intent to “pass off” its goods as those of the trademark owner; [14] incidents of actual confusion; [14] and; the type of product, its costs, and conditions of purchase [14] These are often referred to as the "SquirtCo" Factors. [4] 9th Circuit AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) he strength of ...
Owners of unregistered trademarks can not sue for trademark infringement if another party uses their trademark, although they can seek a passing off remedy. [8] In order to do so, the unregistered trademark owner must prove that damage was done to them by another trader taking advantage of the consumer goodwill attached to the trademark. [9]
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Lew Sichelman has been covering real estate for more than 50 years. He is a regular contributor to numerous shelter magazines and housing and housing-finance industry publications. Readers can ...
Cybersell, Inc. v. Cybersell, Inc. arose out of a claim of trademark infringement. The plaintiff corporation, in Arizona, sued a Florida corporation who was using the plaintiff's registered trademark on its website. The website created by the defendant was for a small company that advertised its website construction services under the name ...