Journal Article

It may look or smell like a ‘free ride’ but it is not ‘unfair competition’

Darren Meale and Mark Shillito

in Journal of Intellectual Property Law & Practice

Volume 2, issue 1, pages 12-15
Published in print January 2007 | ISSN: 1747-1532
Published online December 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl202
It may look or smell like a ‘free ride’ but it is not ‘unfair competition’

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‘Free-riding’ on another product's reputation and benefiting from the efforts put into promoting it can amount to trade mark infringement, even without much apparent damage to that product, but the law of passing off does not support claims of unfair competition where no deception or misrepresentation is involved.

Journal Article.  1832 words. 

Subjects: Intellectual Property Law

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