United Kingdom Intellectual Property Law - Passing off
This common law tort permits a company to defend itself against someone who is attempting to unfairly benefit from the reputation of that company in the marketplace, for instance by using its name or selling items in packaging that is similar. Compared to trademark law, passing off is less significant and has a less assured conclusion. The wider range of registered designs has also lessened it. Although the two rights are not mutually exclusive, there are many instances in which the scope of passing off might go beyond that of trade mark protection. As a result, the two rights can complement one another and are frequently argued in the same actions. In contrast to civil law jurisdictions, which often take a statute law of unfair competition to address the issue, other common law countries like New Zealand and Australia also have a law of passing off. It frequently accomplishes comparable ends. In accordance with the Paris Convention, which has been ratified by 171 nations worldwide, appropriate protection against unfair competition must be provided. If the use by the second entrant into the market is likely to produce confusion, error, or deception as to source, origin, and/or relationship with the prior owner of the mark, a specific provision in US trade mark law protects both registered and unregistered (called common law) trade marks. The same rule also makes it illegal to designate items in a deceptive or misleading manner. All of this is consistent with the idea that consumers should be allowed to choose products based on the reputation of the original, legitimate seller of those products rather than the actions of the unlicensed copycat. Purely functional features of the goods are not protected, though.
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