The Law of Passing-Off: Unfair Competition by Misrepresentation



The Law of Passing-Off: Unfair Competition by Misrepresentation adopts a comprehensive approach to explaining the key issues concerning the ‘Classic Trinity’ of goodwill, damage, and misrepresentation. This new edition is fully updated with the latest case law in the UK and Commonwealth, renowned for its clear analysis of the law this is the essential reference on the subject of passing-off




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The 5th edition includes:


• Market-leading authority on the common law tort of passing-off, including unfair competition by misrepresentation and injurious falsehood.


• A single, reliable source for parties seeking to reinforce or defend an action for trademark infringement.


• Structured clearly to address the ‘Classic Trinity’ of goodwill, damage, and misrepresentation in a systematic and logical manner.


• Explains the importance of goodwill, its creation, ownership, and issues of extinction and revival.


• Outlines the key requirements necessary to prove damage.


• Comprehensive guidance on the basis of an action for misrepresentation, addressing questions such as what makes a representation false and who is liable.


• Looks at what makes a representation actionable as injurious falsehood.


• Covers misrepresentation by signs, marks, and other distinctive features.


• Sets out defences in the context of European and national law, referencing key legislation such as the European Convention on Human Rights.


• Discusses enforcement and remedies, including those available under private international law.


• Analysis of the most significant case law in the UK and major Commonwealth jurisdictions.



New to this Edition


Updated to reflect the latest case law in the UK and Commonwealth, including:


The Supreme Court decision in Starbucks v British Sky Broadcasting Group

The Court of Appeal judgment in Fenty v Arcadia

Analysis of Interflora v Marks & Spencer and how it has defined the relationship between registered trade mark infringement and passing-off

Fage v Chobani and the protection of descriptive terms

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