The hypothesis that an obiter dictum of Lord Justice Aldous in Arsenal v Reed envisaged the development of a common law dilution doctrine via the law of passing-off is challenged on the bases that is not supported by the current state of authorities, and that it does not appear to fit with Aldous LJ’s previously expressed thoughts. The mystery of what Aldous LJ intended may be explicable if passing off is seen as a restitutionary remedy to curb unjust enrichment rather than simply as a branch of unfair competition by misrepresentation.
- Trade marks,
- unfair competition,
- unjust enrichment,
- Arsenal v Reed
Available at: http://works.bepress.com/christopher_wadlow/22/