Is there still a hole in this bucket? Confusion and misrepresentation in passing off

Legal context. Passing off is an evolving tort. There may beopportunities to expand the scope of the tort to capture activitiesthat have not previously amounted to passing off. Key points. In Arsenal v Reed, Aldous LJ suggested that thetime has come to abandon the label "passing off" and recognisea tort of "unfair competition". The implication is that certainactivities that would not previously have been censured by thecourts might now constitute passing off. This raises the questionof what circumstances might justify giving claimants greaterrights of action. This article explores the possibility of justifyinga claim in passing off where the misrepresentation does notcause confusion, and dilution of the claimant's trade mark isthe only damage caused. Practical significance. There is no doubt that passing off willevolve still further. The English judiciary is perhaps now moreconscious of the flexibility of passing off than at any timein the recent past. Ambitious – even adventurous –claims may have a chance of success.     

Sexual abuse in childhood and interpersonal violence in adulthood: a cumulative impact on depressive symptoms in women

This study investigates the cumulative impact of sexual abuse in childhood and adult interpersonal violence in the past year on depressive symptoms in a nonclinical sample of 265 primarily African American (74%) women. The frequency of depressive symptoms, measured by the Center for Epidemiologic Studies Depression Scale (CES-D), was highest for women who experienced both forms of victimization. Women who reported greater stress over life's daily hassles reported more depressive symptoms. Women with higher levels of family support and a sense of personal mastery reported fewer depressive symptoms. The final model explained 42% of the variance in CES-D scores. Implications for practitioners are discussed.     

Legal liability of universities for students

This article involves analysis of the nature of the legal relationship between universities and their students. The development of a general perception that students are consumers of services provided by the university or their clients responsible for paying their own fees has led to an increased likelihood of students seeking legal redress for inadequacies in their educational experience. Recognition of the contractual basis of the arrangement and the resultant legal remedy for breach of the contractual terms has provided the means by which rights can be enforced. However, there are also a number of areas of law (under statute and the common law) which can be utilised for this purpose. These areas are summarised and the difficulties associated with their utilisation identified. The need to reform the system of student complaints in universities and the legal framework for enforcing their legal rights is discussed and recommendations put forward.     

Validity challenge does not give rise to estoppel in subsequent infringement proceedings

The Court of Appeal has held that opposition proceedings beforethe UK Trade Marks Registry do not give rise to an estoppelpreventing a validity challenge as a defence to later proceedingsfor infringement.