Description
This title continues to be the authority on the law of passing-off, adopting a comprehensive approach that explains all the key issues surrounding the ‘Classic Trinity’ of goodwill, damage, and misrepresentation.
The expert analysis covers the basic principles and is supported with additional commentary on defences and enforcement. It is updated with the latest and most significant case law across the UK and Commonwealth to ensure you are current with all the latest decisions as well as Brexit-related developments.
Now in its sixth edition and available in print, as an eBook and on Westlaw UK, it is the leading and most respected text on passing-off and is renowned for its clear advice and uncompromising quality.
- The definitive text on the common law tort of passing-off, including unfair competition by misrepresentation and injurious falsehood.
- Provides authoritative advice for parties seeking to reinforce or defend an action for infringement.
- Addresses the ‘Classic Trinity’ of goodwill, damage, and misrepresentation.
- Explains the importance of goodwill, its creation, ownership, and issues of extinction and revival.
- Outlines damage and the requirements necessary to prove damage in practice.
- Examines the basis of an action for misrepresentation, addressing questions such as what makes a representation false and who is liable?
- Looks at different types of actionable misrepresentation such as deception as to identity, deception as to origin, substitution, denial of existence, and more.
- Covers misrepresentation by signs, marks, and other distinctive features.
- Sets out defences in the context of European and national law, referencing key legislation such as the European Convention on Human Rights.
- Commentary on enforcement and remedies including those available under private international law.
- Analysis of the most significant UK case law and relevant developments in major Commonwealth jurisdictions.
Table of Contents
1 Introduction
2 Unfair competition in European and International law
3 Goodwill
4 Damage
5 The misrepresentation in passing-off
6 The misrepresentation in injurious falsehood
7 Actionable misrepresentations
8 Signs
9 Defences in European and national law
10 Enforcement
Intellectual Property & Technology