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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.
This type of infringement involves a defendant "passing off" a good or service utilizing a trademark that belongs to the plaintiff, usually with the intent of deceiving consumers into thinking that the good or service originated with the plaintiff.
Intersection of trademark law with public domain works; Passing off: Majority: Scalia: Lanham Act: Trademark cannot preserve copyright-like rights to a public domain work. The Lanham Act prohibits both "passing off" (misrepresenting one's own goods or services as someone else's) and "reverse passing off" (misrepresenting someone else's goods as ...
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
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
A moron in a hurry is a phrase that has been used in legal cases, especially in the UK, involving trademark infringement and passing off.Where one party alleges that another (the defendant) has infringed their intellectual property rights by offering for sale a product that is confusably similar to their own, the court has to decide whether a reasonable person would be misled by the defendant ...
Due to the nature of trademark law as a consumer protection measure, there is some debate as to whether "post-sale confusion" (as in the case of a consumer knowingly purchasing counterfeit goods but fooling others into thinking they are the real thing) should be an actionable trademark infringement or considered under the tort of passing off.
Canadian trademark law protects unregistered trademarks that have been in continuous commercial use and which have a demonstrable market value in terms of reputation. Owners of unregistered trademarks may attempt to protect themselves from trademark infringement by via passing off actions against others who use their trademarks to deceive ...