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Intellectual Property Law:Text, Cases, and Materials

Intellectual Property Law:: Text, Cases, and Materials (3rd edn)

Tanya Aplin and Jennifer Davis
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date: 25 September 2022

p. 2835. Passing offlocked

p. 2835. Passing offlocked

  • Tanya AplinTanya AplinLecturer in 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 passing off; and defences to passing off (delay or acquiescence, bona fide use of the defendant’s own name, and concurrent use).

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