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Intellectual Property Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

The first part of this 2 part CPDcast series looks at the underlying principles of passing off and gives an overview of the protection. It looks at the test for passing off and explores in detail the limbs of this test how they can be satisfied by examining the case law in this area.

After completing the course you will:
  • Understand the concept of passing off;
  • Know when a passing off claim will arise;
  • Be aware of the test for passing off;
  • Understand the difference between the classic form and extended form of passing off;
  • Recognise goodwill;
  • Know what will be considered misrepresentation;
  • Be aware of the defences to a passing off claim.
Specialist Difficulty: 5 of 5
Legal Principles
Practical Guide
Sources and References:
  • Anheuser-Busch Inc v Budejovicky Budvar Narodni Podnik [1984] FSR 413;
  • Diageo v Intercontinental Brands [2010] EWHC 17;
  • Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731;
  • Harrods v. Harrodian School [1996] RPC 697;
  • Office Cleaning Services v Westminster Window and General Cleaners (1946) 63 RPC 39;
  • Parker Knoll v Knoll [1962] RPC 243;
  • Reckitt & Colman Products Ltd. v Borden Inc [1990] RPC 341;
  • United Biscuits v Asda [1997] RPC 513.

This two part CPDcast series looks at the unregistered intellectual property right of passing off ad looks at its application by the courts in a number of recent cases.

Podcast last reviewed: 2012-05-28

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