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(p. 826) 32. Passing off 

(p. 826) 32. Passing off
Chapter:
(p. 826) 32. Passing off
Author(s):

L. Bently

and B. Sherman

DOI:
10.1093/he/9780199645558.003.0032
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date: 18 October 2019

This chapter focuses on the passing off as a legal regime for the protection of trade marks. It considers three elements that are required in order to succeed in an action for passing off: the claimant has ‘goodwill’; the defendant made a ‘misrepresentation’ that is likely to deceive the public; and the misrepresentation damages the goodwill of the claimant. It also discusses manifestations of goodwill and describes goodwill associated with packaging, get-up, and trade dress as well as advertising style. The chapter concludes by analysing the scope and ownership of goodwill, together with goodwill as a form of property.

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