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Intellectual Property LawText, Cases, and Materials

Intellectual Property Law: Text, Cases, and Materials (4th edn)

Tanya Aplin and Jennifer Davis
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date: 24 February 2024

p. 2875. Passing Offlocked

p. 2875. Passing Offlocked

  • Tanya AplinTanya AplinProfessor of Intellectual Property Law, School of Law, King's College, London
  •  and Jennifer DavisJennifer DavisFellow of Wolfson College, Cambridge


All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the protection which the law affords to unregistered trade marks through the tort of passing off. It covers the definition of passing off; the relationship between passing off and unfair competition; the elements of both the classic and the extended form of passing off; the role of customer confusion in passing off and types of confusion, including initial interest confusion as well as reverse passing off; the types of damage resulting for an actionable misrepresentation; and defences to passing off (delay or acquiescence, bona fide use of the defendant’s own name, and concurrent use)

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