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JIPR Vol.11(3) [May 2006] >


Title: Piracy of Trade Dress and the Law of Passing off: National and International Perspective
Authors: Sahay, Shantanu
Keywords: Passing off
trade dress
trademarks
unfair competition
Issue Date: May-2006
Publisher: CSIR
Abstract: This paper deals with the meaning and connotation of trade dress and growing dimensions with respect to the scope of its definition which has expanded to include hotel design, virtual trade dress, etc. The possible mechanisms to deal with trade dress infringement and protection with respect to passing off are also discussed. The scope of trade dress infringement with respect to passing off has been highlighted by various courts in the US and in a particular case, the US Supreme Court brought passing off protection within the scope of the statute itself. These relevant instances within the US and English laws with respect to passing off cases are examined. Finally, the Indian context, which is largely based upon the UK laws, is reviewed with reference to a recent case law in this regard.
Page(s): 201-206
ISSN: 0971-7544
Source:JIPR Vol.11(3) [May 2006]

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