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Halsbury's Laws of Canada – Trade-marks, Passing Off and Unfair Competition (2016 Reissue)

This title sets out the law governing trade-marks in Canada, as governed by the Trade-marks Act, as well as the law pertaining to the common law and statutory remedy of passing off. This title is an important and authoritative resource for Canadian legal practitioners.
Publication Language: English
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$295.00
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Published:
ISBN/ISSN: 9780433490180

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Begin updating your law library today!

$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $295 each.

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Achieving distinctiveness in a sea of product overload is a key goal of most business clients. So is preventing the exploitation by others of hard earned commercial goodwill. Whether the clients are multinational giants or "mom and pop" proprietorships, the need to distinguish wares or services, and protect intellectual property rights, is always near the top of the list in discussions with their legal advisers. The law of trade-marks is one of the primary weapons in the legal arsenal to meet these crucial objectives, making a solid working knowledge of that law essential for most lawyers.

Newly revised and thoroughly updated, Halsbury's Trade-marks, Passing Off and Unfair Competition (2016 Reissue) sets out the law governing trade-marks in Canada, as governed by the Trade-marks Act, as well as the law pertaining to the common law and statutory remedy of passing off. Authored by Canada's leading intellectual property experts, this title is an important and authoritative resource for Canadian legal practitioners. Topics covered include:

Trade-marks

  • Statutory framework and regulatory regime
  • Categories and registration of trade-marks
    • nature of the trade-mark
    • particular types of trade-marks
    • entitlement to register
    • legal and practical requirements
    • application to register and consequences of registration
    • Correcting errors post registration
    • amendments
    • expungement
  • Transfer, assignment and licensing issues
  • Trade-marks Act offences and punishment
  • Confusion between marks
    • tests for determining
    • statutory criteria
    • evidence of actual confusion
    • famous trade-marks
  • Infringement proceedings
    • what constitutes infringement
    • procedure, evidence and proof
    • available remedies
    • defences to infringement suits
    • detention of goods on importation or exportation
    • implied warranty

Passing Off and Unfair Competition

  • Common law
    • Confusion
  • Torts of passing off and misappropriation of personality
  • Imitations, identical goods and domain names
  • Statutory regime
    • application of Trade-marks Act and Competition Act

Featured authors

Table of contents

I. Regulatory Framework
1. International Convention
2. Constitution
3. Common Law
4. Statutes

II. Trade-marks
1. Categories of Trade-marks
2. Registration
3. Assignment and License
4. Infringement
5. Confusion
6. Trade-marks Act Offences

III. Passing Off and Unfair Competition
1. General
2. Common Law
3. Statutory Regime