Misrepresentation to customers as to the trade source of goods or
services, whether through express statements or the unauthorised use of
another business' branding, is an unfortunately common form of unfair
competition between traders. Where a brand has been protected through
registration as a trade mark, enforcement is relatively straightforward.
But if no registered trade marks can be brought to bear, then the common
law tort of passing off is the primary tool available to combat this
type of behaviour.
The tort has been developed through a succession of cases over more than
two centuries so that applying and interpreting the established
principles for each new set of circumstances requires very careful
analysis of a wealth of decisions. This guide highlights the key
principles and the ways in which they have been used to defend
businesses' goodwill across the complete range of industrial and
commercial sectors, and sets out the critical issues that a business
needs to consider when faced with another trader attempting to suggest
some association with its brands.
ABOUT THE AUTHOR
Formerly a Partner and Head of Intellectual Property at Osborne Clarke
in London with over 25 year' experience of advising on intellectual
property in all its forms, Lorna is now a Consultant to the firm. She is
the author and co-author of several books in the field and regularly
lectures on intellectual property at a range of conferences in Europe
and around the world.
