Goodwill in Passing Off

A Common Law Perspective

Catherine Ng ,

Tap to preview
Goodwill in Passing Off: A Common Law Perspective

About the eBook

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill:  substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.

The author clarifies the concept of 'goodwill', and examines this concept in the context of the common law jurisdictions of Australia, Canada, England and Wales as well as of relevant case law under §43(a)(1)(A) of the US Lanham Act. The book analyses the application of the law of passing off within the multi-directional social exchanges that traders, consumers and commentators engage in, as well as challenges the current consumer search costs theory that underpins the law of passing off and trademark laws.

Providing a fresh look at this ever-changing aspect of law, this book will be key reading for legal scholars and students for its examination of inconsistencies in current law. Legal practitioners will also find this an invaluable resource as it considers the diverse application of the law.

Show more

In The Press

About the Author

  • Publisher:
  • Published: ; Copyright:
  • ISBN:
  • Edition:
  • Title:
  • Series:
  • Author:
  • Imprint:
  • Language:
  • Number of Pages:  [disclaimer] Page count shown is an approximation provided by the publisher. The actual page count will vary based on various factors such your device's screen size and font-size.

Read online

You can read this ebook online in a web browser, without downloading anything or installing software.

Download file formats

This ebook is available in file types:

This ebook is available in:

After you've bought this ebook, you can choose to download either the PDF version or the ePub, or both.

DRM Free

The publisher has supplied this book in DRM Free form with digital watermarking.

Required software

You can read this eBook on any device that supports DRM-free EPUB or DRM-free PDF format.

Digital Rights Management (DRM)

The publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it.

Required software

To read this ebook on a mobile device (phone or tablet) you'll need to install one of these free apps:

To download and read this eBook on a PC or Mac:

  • Adobe Digital Editions (This is a free app specially developed for eBooks. It's not the same as Adobe Reader, which you probably already have on your computer.)

Limits on printing and copying

The publisher has set limits on how much of this ebook you may print or copy. See details.

  • {{ format_drm_information.format_name }} unrestricted {{ format_drm_information.format_name }} {{format_drm_information.page_percent}}% pages every day{{format_drm_information.interval}} days {{ format_drm_information.format_name }} off
Read Aloud
  • {{ read_aloud_information.format_name }} on {{ read_aloud_information.format_name }} off
Subject categories
  •  >