Trade mark assignments—a continuing academic nightmare

Trade mark assignments—a continuing academic nightmare

Journal Article

1 online resource (pages 367–368)

Look at any standard IP textbook, and you might think that the definitive treatment of trade mark assignments begins and ends with section 24 of the Trade Marks Act 1994. However, nothing could be further from the truth, especially when considering the principles underlying cause of action assignments. The starting point for assessing the validity of a cause of action assignment is to determine what type of cause of action is involved. Historically, passing off is recognized as a cause of action in deceit, first acknowledged in England in Southern v How (1617) 79 ER 400. It was the case then that a claimant must establish deceit to succeed in a passing off claim. Since Millington v Fox (1838) 40 ER 956, it has evolved into a cause of action for breach of trust. Ultimately, it represents an amalgamation of the two, depending on whether actual deception is included in the pleading.

Intellectual Property Law & Practice, 20, 6, 2025.

Oxford, UK : Oxford University Press, 2025.

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