Intellectual Property: Passing Off
The origins of the common law action in passing off. The essential requirements – goodwill, misrepresentation and damage. Goodwill in invented words, descriptive words, real names, in packaging and styles of advertising. The exclusivity of goodwill to the claimant trader – the effect of the passage of time – geographical limitations. Misrepresentation and deception, innocent and unintentional misrepresentation.