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Intellectual Property$
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Michael Spence

Print publication date: 2007

Print ISBN-13: 9780198765011

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198765011.001.0001

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The Protection of Marketing Assets

The Protection of Marketing Assets

(p.222) 5 The Protection of Marketing Assets
Intellectual Property


Oxford University Press

This chapter begins by discussing the expanding concepts of the brand and the change in the function of brands when the brand itself has become a product. It then explains the classic elements of the tort of passing-off. Next, it discusses how the concept of ‘reverse passing-off’. It then talks about the protection of marketing assets through the provision of registered trade marks. Lastly, it discusses another set of regimes that aid intellectual rights — collective and certification marks, designations of origin, geographical indications, and traditional specialties guaranteed.

Keywords:   brands, product, tort of passing-off, claimant, goodwill, misrepresentation, damage, reverse passing-off, marketing assets, trademarks

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