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Question: There has been some argument that recent decisions, which appear to downplay the importance of a misrepresentation damaging to the claimant’s goodwill as a necessary element in passing off, demonstrate a trend towards the metamorphosis of passing off into a tort of unfair competition.
Critically discuss this statement.
LLB Hons., 3RD Year
Mark - 60%
Answer: Introduction The aim of this coursework is to understand the nature of Passing Off and its key concepts and through judicial statements be able to define passing off, an area of intellectual property that has been least affected by global changes in the UK. There will also be a brief mention of the Paris Convention and how it affects the age old common law concept. With the help of case law I am going to show how passing off in modern times is seen as a protection of goodwill that can be damaged by misrepresentation and how this has become the very foundation for broadening the possibilities of the action. Unfair competition is the other name given to the tort of passing off, but as we will see there are a number of judicial verdicts that show otherwise and though comparisons have bee......(short extract)
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Details: - Mark: 60% | Course: Intellectual Property Law | Year: 2nd/3rd | Words: 2571 | References: Yes | Date written: November, 2013 | Date submitted: November 04, 2014 | Coursework ID: 885
