Unfair Competition. Trade-Marks and Trade Names. "Passing off" by Use of Descriptive Word Having Secondary Meaning

1920 ◽  
Vol 33 (4) ◽  
pp. 617
Author(s):  
Dev Gangjee

This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition.


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