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.

This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.