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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Goodwill in Passing Off - A Common Law Perspective (Hardcover)
Loot Price: R2,939
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Goodwill in Passing Off - A Common Law Perspective (Hardcover)
Series: Elgar Monographs in Intellectual Property Law
Expected to ship within 10 - 15 working days
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The law of passing off protects traders from a form of
misrepresentation that harms their goodwill, and consumers from the
market distortion that may result. This carefully-crafted work
seeks to delineate two intertwined aspects of goodwill: substantive
and structural goodwill. It argues that the law of passing off
should focus on protecting structural goodwill, and that this in
turn allows traders' authentic voices to help shape the substantive
goodwill to attract custom for them in the marketplace. The author
clarifies the concept of 'goodwill', and examines this concept in
the context of the common law jurisdictions of Australia, Canada,
England and Wales as well as of relevant case law under 43(a)(1)(A)
of the US Lanham Act. The book analyses the application of the law
of passing off within the multi-directional social exchanges that
traders, consumers and commentators engage in, as well as
challenges the current consumer search costs theory that underpins
the law of passing off and trademark laws. Providing a fresh look
at this ever-changing aspect of law, this book will be key reading
for legal scholars and students for its examination of
inconsistencies in current law. Legal practitioners will also find
this an invaluable resource as it considers the diverse application
of the law.
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