Commentary

B5.349 Trade marks and service marks―common law

Business tax
Business tax | Commentary

B5.349 Trade marks and service marks―common law

Business tax | Commentary

B5.349 Trade marks and service marks―common law

The goodwill enjoyed by a mark used in the course of a trade may be protected by the common law action for passing off. At common law a mark cannot be assigned without the goodwill of the trade in which it is used1. An avoidance scheme involving the assignment and licence of unregistered trade marks was held to be ineffective in Iliffe News & Media Ltd's2, where Judge Walters held that it was a principle of common law that unregistered trade marks 'were not assignable in gross, but only

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