Unfair Competition. In General. Lanham Act Does Not Alter Common Law Requirement of "Passing off" in Action for False Advertising

1951 ◽  
Vol 64 (8) ◽  
pp. 1383
Keyword(s):  
Common Law ◽  
Unfair Competition ◽  
Passing Off ◽  
Lanham Act

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

Trade Marks and Allied Rights

2017 ◽  
Author(s):  
Dev Gangjee
Keyword(s):  
Brand Image ◽  
Trade Mark ◽  
Unfair Competition ◽  
Legal Issues ◽  
Geographical Indications ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Detrimental Impact ◽  
Scope Of Protection

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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