Passing Off

This part of the topic index contains resources on the protection of unregistered trade marks or goodwill by means of the law of passing off. Please select the resource that you require by clicking on the relevant tab below.

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Practice notes

6 resources

	Title	Resource type	Date
1	Threats actions and intellectual property rights This practice note summarises the relevant statutory provisions and key cases concerning threats to sue for infringement of intellectual property rights and provides practical advice on how these may affect any intellectual property (IP) disputes.	Practice notes	Maintained
2	Intangible property: tax The rules in Part 8 of the Corporation Tax Act 2009 apply to a company's intangible assets. This practice note considers those rules, and how they affect a company's liability to corporation tax.	Practice notes	Maintained
3	Companies Act 2006: implications for IP&IT This note discusses the changes made to the law by the Companies Act 2006 that have implications for intellectual property and information technology. The majority of the relevant changes came into force on 1 October 2009. However, sections of the Act providing for a new right for any person to object to an adjudicator if a company's name is the same as a name associated with the objector in which he has goodwill, or sufficiently similar to such a name that it would be likely to mislead came into force on 1 October 2008.	Practice notes	Maintained
4	Character merchandising licences: IP rights and competition ... This note sets out the intellectual property rights relevant to a licence for character merchandising, in the sense of an image of a fictional character and related trade marks being reproduced on an article (such as a mug, lunch box or bed linen), and discusses the competition law issues that arise in relation to such licences.	Practice notes	Maintained
5	Change of company name: Comparison between the ... A note outlining the changes to the law on the change of a company's name under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Part 5 (a company's name) of the 2006 Act came into force on 1 October 2009 apart from objections to company names (sections 69-74, 2006 Act) and trading disclosures (sections 82-85, 2006 Act) which came into force on 1 October 2008.	Practice notes	14-Jan-2009
6	Overview of Passing off A review of the nature and scope of the law relating to the tort of passing off including a discussion of the application of that law to special situations such as product merchandising and the internet.	Practice note: overview	Maintained

Passing Off

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