Home > Intellectual Property > Law of Passing-Off: Unfair Competition by Misrepresentation, The
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
* Your email address
* Subject
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Law of Passing-Off: Unfair Competition by Misrepresentation, The

Law of Passing-Off: Unfair Competition by Misrepresentation, The
5th Edition
Series:  Intellectual Property Library
Practice Area:  Intellectual Property
ISBN:  9780414058408
Published by:  Sweet & Maxwell
Publication Date:  23 Sep 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:


The Law of Passing-Off: Unfair Competition by Misrepresentation adopts a comprehensive approach to explaining the key issues concerning the ‘Classic Trinity’ of goodwill, damage, and misrepresentation. This new edition is fully updated with the latest case law in the UK and Commonwealth, renowned for its clear analysis of the law this is the essential reference on the subject of passing-off

Set up a standing order and save

The 5th edition includes:

• Market-leading authority on the common law tort of passing-off, including unfair competition by misrepresentation and injurious falsehood.

• A single, reliable source for parties seeking to reinforce or defend an action for trademark infringement.

• Structured clearly to address the ‘Classic Trinity’ of goodwill, damage, and misrepresentation in a systematic and logical manner.

• Explains the importance of goodwill, its creation, ownership, and issues of extinction and revival.

• Outlines the key requirements necessary to prove damage.

• Comprehensive guidance on the basis of an action for misrepresentation, addressing questions such as what makes a representation false and who is liable.

• Looks at what makes a representation actionable as injurious falsehood.

• Covers misrepresentation by signs, marks, and other distinctive features.

• Sets out defences in the context of European and national law, referencing key legislation such as the European Convention on Human Rights.

• Discusses enforcement and remedies, including those available under private international law.

• Analysis of the most significant case law in the UK and major Commonwealth jurisdictions.

New to this Edition

Updated to reflect the latest case law in the UK and Commonwealth, including:

  • The Supreme Court decision in Starbucks v British Sky Broadcasting Group
  • The Court of Appeal judgment in Fenty v Arcadia
  • Analysis of Interflora v Marks & Spencer and how it has defined the relationship between registered trade mark infringement and passing-off
  • Fage v Chobani and the protection of descriptive terms


Thomson Reuters ProView Also available as an eBook on Thomson Reuters ProView

Thomson Reuters ProView™ is the iPad app custom built for legal professionals like you.

Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like. Find out more about ProView.


1 Introduction
2 Unfair competition in European and International law
3 Goodwill
4 Damage
5 The misrepresentation in passing-off
6 The misrepresentation in injurious falsehood
7 Actionable misrepresentations
8 Signs
9 Defences in European and national law
10 Enforcement


Thomson Reuters Westlaw UKCLEAR. CLEVER. CONCISE

This title is also available on Westlaw UK and as an eBook on ProView, so that you can access it anywhere, anytime.

Having online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found in across the breadth of our titles.

Westlaw UK's smart navigation, links to primary law and powerful functionality in combination with the expertise within our portfolio of books gives you a seamless, coherent, and integrated research experience every time you need to refer to the text.

Having access to your book through Westlaw means:

Enhanced contents pages

  • Find what you’re looking for with ease, with content displayed clearly in easy-to-read tables
  • Print, download or email entire chapters or sections using tick boxes by content sets
  • Choose the way you view content sets with collapsible and expandable sections

Firm-wide availability

  • Everyone has access, at all times

Links to primary law

  • Jump directly to the authority you need with links to cases, legislation and journals

You can print/download/email

  • Print, download and email your documents quickly, for use offline or to share with colleague

Access chapter PDFs

  • Download chapters as they appear in print, ready for presentation in court

Supplement PDFs

  • Download whole supplements to a main edition in PDF, ready for court

PDF supplement navigation

  • Browse PDFs with ease using navigational aids and links within the document

A-Z indexing

  • Browse directly to the letter you wish to search, without having to navigate long documents


  • View tables of cases and legislation referred to it the text sorted alphabetically, and link directly to them

Pop-up footnotes

  • View footnotes alongside the text and avoid the need to refer to the end of documents

Call 0800 028 2200, email customer.service@westlaw.co.uk or contact your account manager to find out more.

back to top
Must Haves