n Without Prejudice - Passing off : intellectual property

Volume 9, Issue 2
  • ISSN : 1681-178X



It sometimes happens in practice that A, albeit the first user of a mark, is using it only on a fairly modest scale. B then commences use of a similar mark on a massive scale, , by way of television advertisements and inserts in major national newspapers. It stands to reason that B could, within a few weeks, establish a significant reputation relating to the mark. It also follows that there could be confusion in the market. From whose perspective should the matter be approached?

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