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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

Chapter:
(p.222) 5 The Protection of Marketing Assets
Source:
Intellectual Property
Author(s):

MICHAEL SPENCE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198765011.003.0005

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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