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| Author: | Carty, H. |
| Title: | Passing off and the concept of goodwill |
| Journal: | Journal of Business Law
1995 : MAR, 2, p. 139-154 |
| Index terms: | COMMERCIAL LAW INTERNATIONAL PUBLICITY |
| Language: | eng |
| Abstract: | The concept of goodwill is central to the tort of passing off. The orthodox view of goodwill would appear to be that there must be actual trading by the plaintiff, within the boundaries of the jurisdiction. However, two categories of plaintiff have sought to exploit uncertainties concerning this orthodox view: plaintiffs with international or foreign reputations, with no trading base here and plaintiffs who have yet to commence trading but who have invested in the pre-launch publicity. |
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