Record

D6657 - Derbyshire Historic Buildings Trust - 1955-1999
- 5 - Advisory Files

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Archive Reference / Library Class No.	D6657/5/16
Former Reference	867/92
Title	Passing Off
Date	Jan 1992-May 1992
Description	"Where a business has registered a trade mark and another business sells goods or provides services under the same trade mark without permission from the first business, there may be an infringement of the registered trade mark. The actions of the second business could be a type of unfair competition where it benefits from the reputation of the first business associated with the registered trade mark. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trade mark or any other Intellectual Property right. Where a second business does something so that the public is misled into thinking that the activity is associated with a first business and as a result the first business suffers some damage, then it may be possible for the first business to sue the second business for passing off. One area where passing off might apply is where a second person uses an unregistered trade mark normally used by a first person and in so doing passes off, or represents, goods or services in such away that the public is deceived into thinking the goods or services are being offered by the first person." http://www.intellectual-property.gov.uk/resources/other_ip_rights/passing_off.htm
Level	File
Repository	Derbyshire Record Office
Archive Creator	Derbyshire Historic Buildings Trust

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