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Article
Passing-off at the crossroads again: A review article for Hazel Carty, An Analysis of the Economic Torts
European Intellectual Property Review (2011)
  • Christopher Wadlow, University of East Anglia
Abstract

Passing off is generally understood in terrms of its “classical trinity” of goodwill, misrepresentation and damage. In this review article it is argued that it can equally well be understood in terms of three intersections, symbolised by the metaphor of the crossroads. The three intersections--of consumer and producer interests, ethical and economic justifications, and misrepresentation with misappropriation--explain the present place of passing off within the economic torts, and argue against its becoming a general tort of unfair competition.

Keywords
  • Patents,
  • claims,
  • scope of protection,
  • Strasbourg Convention
Publication Date
July, 2011
Citation Information
Christopher Wadlow. "Passing-off at the crossroads again: A review article for Hazel Carty, An Analysis of the Economic Torts" European Intellectual Property Review (2011)
Available at: http://works.bepress.com/christopher_wadlow/43/