TY  - GEN
T1  - Passing off :the law and practice relating to the imitation of goods, businesses and professions /
AU  - Young, David,
ET  - Third edition.
CN  - KD1269
CN  - KD1439
N1  - Price : 58.40; Inv.# B 425450; Date 12/11/97; Supplier : Dawson UK, Wellingborough; Recd 17/11/97; Contents : 1. The principle of the law : 1. Passing off : its origin; 2. Passing off : its ingredients; 3. Passing off : the protection of goodwill; 4. Passing off (classical type); 5. Passing off (false trade description); 6. Passing off (general formulation); 7. The tort of unfair competition/reverse passing off; 8. Enabling others to pass off defendant's goods; 9. Right to bring action not affected by trade marks acts; 10. Passing off action distinguished from the libel; 2. Reputation : 1. Plaintiff need not have place of business in UK; 2. Fancy name; 3. Descriptive name; 4. Whether name is descriptive or fancy may depend on what article it is applied to; 5. Secondary meaning may be acquired by descriptive word; 6. Words both descriptive and distinctive; 7. Different meaning to trade and to public; 8. Trade name which has become publici juris; 9. Name of new or patented article is generally descriptive; 10. Area of reputation; 11. Time necessary to acquire goodwill; 12. Right to the bona fide use of defendant's own name; 13. Trade name which plaintiff has ceased using; 14. Assignment of trade name; 15. Licensing of trade name; 16. False description will not be protected; 17. Plaintiff need not establish his actual identity nor that he alone is entitled to the mark or name; 18. Foreign plaintiff's reputation in this country not affected by foreign law; 3. Probability of deception : 1. The persons likely to be deceived; 2. Fraud need not be proved; 3. Where fraud absent a field of activity sufficiently closely allied to the plaintiff must be shown; 4. Comparison of defendant's name, mark or get-up with plaintiff's; 5. Descriptive names; 6. Geographical names; 7. Elements common to the trade; 8. Where goods described as "the same as", "similar to" or "better than" plaintiff's; 4. Damage or injury to goodwill; 5. Use of trade marks on goods : 1. More than one trade name for same goods may be protected; 2. Right to trade name of foreign origin; 3. Honest concurrent user; 4. Parallel imports of goods; 5. Impact of EC law; 6. Loss or right to protection by labelling with another's name; 7. Classification of trade names; 6. Imitation of get-up of goods : 1. How to decide whether imitation is legitimate; 2. Get-up may include features of article; 3. Use of similar promotional methods to promote similar goods; 4. Get-up must be associated with plaintiff's goods; 5. Any kind of get-up, if distinctive, may be protected; 6. Whether get-up is deceptive; 7. Similarity of get-up in addition to other features; 7. Imitation of name of business or profession : 1. Rights of individuals; 2. Corporate rights; 3. Some more important cases; 8. Other misrepresentations as to business or products : 1. Imitation of name of premises; 2. Franchisor's rights : character merchandising; 3. Appropriation to own business or products, testimonials, patents and prizes of a rival; 4. Claim to be the original inventor when rival really is; 5. Claim to be the authorised distributor; 9. Interlocutory relief : 1. Interlocutory injunctions; 2. Disclosure of names of suppliers and customers; 3. Ex-parte relief; 4. Interlocutory procedure; 10. Practice : 1. Parties; 2. Forum; 3. Evidence; 4. Defence of acquiescence or estoppel; 5. Forms of relief in passing off action; 6. Breach of injunction;.
ID  - 21820
KW  - Competition, Unfair
KW  - Propriété intellectuelle
KW  - Trademarks
KW  - Intellectual property
KW  - Intellectual property
KW  - Trademarks
KW  - Patents
KW  - OTHER INDUSTRIAL PROPERTY RIGHTS : PASSING OFF
SN  - 0752000330
TI  - Passing off :the law and practice relating to the imitation of goods, businesses and professions /
ER  -