It may look or smell like a 'free ride' but it is not 'unfair competition' |
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Authors: | Meale Darren; Shillito Mark |
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Institution: | 1 Herbert Smith LLP Email: darren.meale{at}herbertsmith.com
2 Herbert Smith LLP Email: mark.shillito{at}herbertsmith.com |
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Abstract: | Free-riding on another product's reputation andbenefiting from the efforts put into promoting it can amountto trade mark infringement, even without much apparent damageto that product, but the law of passing off does not supportclaims of unfair competition where no deception or misrepresentationis involved. |
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