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Beyond The Module Law of Torts
Beyond The Module Law of Torts
Beyond The Module Law of Torts
5. In the context of the tort of passing off, what is meant by the term
"calculated to injure"? How does this requirement impact the
burden of proof on the claimant?
12. How does the tort of passing off interact with other forms of
intellectual property protection, such as trademarks under the
Trade Mark Act? Discuss the differences and potential overlaps
between these legal protections.
13. Reflect on the statement "The tort of passing off is part of a much
wider canvas of legal remedies controlling unfair competitive
practices." Discuss how passing off fits within the broader
framework of competition law and other related torts.
14. What defenses might be available to a defendant accused of
passing off? Discuss the potential defense of consent and any
other relevant defenses that could be argued.
15. How has the development of the internet and digital marketing
influenced the application of the tort of passing off? Provide
examples of how domain name disputes and online
misrepresentations are addressed under this tort.