Goodwill in Passing Off PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Goodwill in Passing Off PDF full book. Access full book title Goodwill in Passing Off by Ng, Catherine. Download full books in PDF and EPUB format.
Author: Ng, Catherine
Publisher: Edward Elgar Publishing
ISBN: 1800887744
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
Author: Ng, Catherine
Publisher: Edward Elgar Publishing
ISBN: 1800887744
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
Author: Christopher Wadlow
Publisher:
ISBN: 9780421789203
Category : Business names
Languages : en
Pages : 875
Get Book Here
Book Description
"In this third edition, "The Law of Passing-off" gains a new subtitle and two major extensions to its coverage. Though the term 'passing-off' is familiar enough, it is something of a misnomer. It understates the full extent and importance of the tort, and baffles all but specialists. In the Civil law, 'unfair competition' has long been recognised as a subject of major importance in its own right, and even in England the phrase is increasingly accepted either as a synonym for passing-off, or as an all-embracing term for that and related causes of action, of which the natural counterpart to passing-off is injurious falsehood. This edition is therefore better described as the "Law of Unfair Competition by Misrepresentation." The present edition includes for the first time a chapter on the international law of unfair competition under the Paris Convention for the Protection of Industrial Property, with a detailed account of the drafting and negotiating history of Article 10bis of the latter. As related but logically separated developments, there are new sections on the possible impact of the European Convention on Human Rights, the WTO TRIPs Agreement, and on unfair competition in private international law. Although the Paris Convention does not directly affect day-to-day practice it does provide the only international consensus against which national laws of unfair competition may be compared, and any future efforts at harmonisation by the European Community can hardly fail to take it as their starting point...The present edition is to some extent pre-emptive of what can be expected to come." -- p. v.
Author: John Drysdale
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 272
Get Book Here
Book Description
"One of the most important remedies available in the field of unfair competition is that provided by reliance on the tort of passing off...Despite the obvious importance of passing off, comparatively few legal texts exist on the subject. It has therefore been our intention to remedy this situation. However, we have found it impossible to treat passing off adequately in isolation without considering the other torts which can be relied upon to prevent unfair competition, the principal of these being infringement of registered trade marks, itself the offspring of the action for passing off. The actions of malicious falsehood and (to a lesser extent) libel are also of importance. We have also considered copyright and, to a more limited extent, registered designs, when the basis of the complaint is the shape of an article itself or is a 'device' or label trade mark. The task we have set ourselves is to write a book which will assist the practitioner to recognise, in particular cases of unfair competition, whether there is passing off, or some other related tort, and, if so, the remedy available." -- form the Preface, p. v.
Author: Christopher Wadlow
Publisher: Sweet & Maxwell
ISBN: 0414042328
Category : Business & Economics
Languages : en
Pages : 1037
Get Book Here
Book Description
"Christopher Wadlow's The Law of Passing-off is the only specialist practitioner's reference work dealing with the common law torts of unfair competition by misrepresentation, namely passing-off and injurious falsehood.
Author: Nicholas Caddick KC
Publisher: Bloomsbury Publishing
ISBN: 1526511576
Category : Law
Languages : en
Pages : 817
Get Book Here
Book Description
Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions
Author: David Tan
Publisher: Cambridge University Press
ISBN: 1107139325
Category : Biography & Autobiography
Languages : en
Pages : 341
Get Book Here
Book Description
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Author: Denise Pass
Publisher: Abingdon Press
ISBN: 1501869698
Category : Religion
Languages : en
Pages : 246
Get Book Here
Book Description
“There is therefore now no condemnation for those who are in Christ Jesus.” — Romans 8:1 Shame is an assault on the core of who we are. It assassinates our character, minimizes our worth, and dashes our hope. Like Adam and Eve, we often hide shame, but hiding never heals it. Left unattended, shame can develop into a crippling reality that paralyzes us. Like an infectious disease, shame impacts everyone . . . but not all shame is bad. Shame can either be an oppressive and powerful tool of worldly condemnation or a source of conviction that God uses to bring his people back to himself. Having the discernment to know the difference and recognize shame in its many forms can change the course of one’s life. In a transparently honest style, Pass shares of her experience dealing with shame after learning that her former husband was a sexual offender. Having lived through the aftermath, she leads you into God’s Word where you will see for yourself that God is bigger than your pain, shame, mistakes, and limitations. Shame Off You shares how freedom can be found in choosing to break the cycle of shame by learning from the past, developing healthy thinking patterns, silencing lies, and overcoming the traps of vanity and other people's opinions.
Author: Nicholas Caddick
Publisher: Bloomsbury Publishing
ISBN: 1780436858
Category : Law
Languages : en
Pages : 661
Get Book Here
Book Description
A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: David Young
Publisher:
ISBN: 9780851213927
Category : Fraud
Languages : en
Pages : 156
Get Book Here
Book Description
A guide to the law relating to passing off, which prevents a trader or business from taking unfair advantage of another's reputation by falsely representing certain products or businesses as their own. There are hints to bring a passing off action in the courts and analysis of decided cases.
