|Book||Law of Passing Off: Unfair Comp by Misrepresentation 4e||25/05/2011||9780414042322||$586.00|
"An essential work for all those who practice in this field" – New Law Journal
"Should be placed alongside Kerly as part of the essential library of every intellectual property practitioner" – Intellectual Property in Business
The Law of Passing Off is the definitive treatment of the law in this area, regularly cited in court. It is renowned for its incisive analysis of the body of case law that makes up the tort of passing off. The work also examines injurious falsehood and the aspects of international law relevant to unfair competition.
- International in scope including references from many common law jurisdictions
- Revised and updated to feature analysis of the latest developments
- Examines goodwill, damage and misrepresentation, and how they are proved
- Explains case law on the various forms of misrepresentation
- Goes through the case law on different marks and signs, including generic terms, names, titles, packaging, symbols, logos and domain names
- Covers misrepresentation of character and personality rights
- Discusses the defences available against claims for passing off, in UK and European law
- Deals with enforcement, including injunctions, procedure and evidence.
New to this edition
Full treatment of all important developments on passing off in recent decided cases including:
- Passing off by generic misdescription; Diageo v Intercontinental Brands
- Goodwill and overseas service businesses; Hotel Cipriani
- Assignments of goodwill; Newman v Adlem
- Liability for injurious falsehood; Ajinomoto v Asda
- Liability for unfair competition; L'Oreal v Bellure.
- Unfair competition in European and International law
- The misrepresentation in passing-off
- The misrepresentation in injurious falsehood
- Actionable misrepresentations
- Defences in European and national law
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