Passing off Canadian trademark law

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the primary means of protecting registered trade-marks through action under trade-marks act. unregistered trade-marks, common law tort of passing off primary means producers can obtain remedies against competitor. section 7(b) , 7(c) of trade-marks act codifies tort of passing off federal law.


most of law of passing off has been inherited uk case law. successful action in passing off claimant must show 3 things:




^ teresa scassa (2010). ch. 7: section 7 of trademarks act , tort of passing off . canadian trademark law. markham: lexisnexis. section 1. isbn 978-0-43345202-7. 






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