The Law of Passing Off
This intensive half-day course will address many important and practical aspects of the modern and still developing law of passing off.
Assuming a basic knowledge of passing off and registered trade mark law, this intermediate level course is aimed at both solicitors and trade mark attorneys.
What You Will Learn
This course will cover the following:
- An update on recent passing off case law
- Relationship between passing off and the Companies Name Tribunal ("CNT"). Might the CNT be a cheaper substitute for a passing off action?
- Assigning an unregistered mark - the presently required conditions
- Is evidence of actual confusion still required, especially when applying for an interim injunction?
- The sort of evidence that is typically required. How useful evidence might be found and collated
- Survey evidence: Is permission required to introduce such evidence? Is evidence from a search engine of any practical use?
- Character merchandising
- Celebrity endorsements
- Domain name and meta-tag disputes
- "Overseas" passing off - considerations of suitable and cogent evidence and how it might be obtained. Jurisdictional issues
- A closing discussion on how far the common law on passing might still be extended
2:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme