Catherine Ng
Goodwill in Passing Off - A Common Law Perspective
Goodwill in Passing Off - A Common Law Perspective
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The law of passing off protects traders from misrepresentation and market distortion, focusing on structural goodwill to allow authentic voices to shape substantive goodwill. It examines the concept in Australia, Canada, England, Wales, and the US Lanham Act, challenging the consumer search costs theory.
Format: Hardback
Length: 256 pages
Publication date: 27 July 2021
Publisher: Edward Elgar Publishing Ltd
The law of passing off protects traders from misrepresentation that harms their goodwill and consumers from market distortion. This book explores two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, allowing traders to shape substantive goodwill to attract custom. The author examines the concept of goodwill in common law jurisdictions, including Australia, Canada, England, and Wales, as well as relevant case law under §43(a)(1)(A) of the US Lanham Act. The book analyzes the application of the law of passing off within multi-directional social exchanges and challenges the current consumer search costs theory that underpins the law of passing off and trademark laws. It provides a fresh look at this ever-changing aspect of law and is essential reading for legal scholars and students, as well as legal practitioners, for its examination of inconsistencies in current law and diverse application of the law.
Weight: 494g
Dimension: 240 x 168 x 19 (mm)
ISBN-13: 9781847209009
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