The Law of Passing-off

"The Law of Passing-off" by Christopher Wadlow is a comprehensive and authoritative text on the common law tort of passing-off, which deals with unfair competition by misrepresentation. Here is a detailed overview of the book:

Key Themes

1. Unfair Competition by Misrepresentation: The book focuses on the tort of passing-off, which involves actions where one party misrepresents themselves or their goods to gain an unfair competitive advantage over another party.
2. Goodwill: It explores the concept of goodwill, including its creation, ownership, and issues related to extinction and revival.
3. Damage: The book outlines the requirements necessary to prove damage in the context of passing-off, which is a crucial element in establishing an action for infringement.
4. Misrepresentation: It examines various types of actionable misrepresentation, such as deception as to identity, origin, substitution, and denial of existence, as well as misrepresentation by signs, marks, and other distinctive features.
5. Defences: The text sets out defences in the context of European and national law, referencing key legislation such as the European Convention on Human Rights.
6. Enforcement and Remedies: It provides commentary on enforcement and remedies available under private international law, ensuring that practitioners are well-equipped to handle complex cases.

Plot Summary

The book is structured to provide a comprehensive approach to understanding the key issues surrounding the tort of passing-off. It begins with an introduction to unfair competition in European and international law, followed by detailed chapters on goodwill, damage, and misrepresentation. The book then delves into actionable misrepresentations and signs used in passing-off. It also covers defences and enforcement, ensuring that practitioners have a thorough understanding of both the principles and practical applications of the law.

Critical Reception

• Authority and Relevance: The book is widely recognized as the authority on the law of passing-off, with each edition updated to reflect the latest case law and significant developments, including Brexit-related changes.
• Comprehensive Analysis: It is praised for its incisive analysis of the body of case law that makes up the tort of passing-off, making it a valuable resource for practitioners seeking to reinforce or defend an action for infringement.
• Practical Application: The text is renowned for its clear advice and uncompromising quality, ensuring that it remains a leading and most respected text on passing-off.

Editions

The book has been published in multiple editions, with the sixth edition being the latest. It is available in print, as an eBook, and on Westlaw UK, making it accessible to a wide range of legal professionals.

In summary, "The Law of Passing-off" by Christopher Wadlow is a definitive and comprehensive guide to the tort of passing-off, providing authoritative advice and incisive analysis that is essential for legal practitioners dealing with unfair competition by misrepresentation.