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A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
Trade dress can be protected as getup under the law of passing off in the UK. Passing off is a common law remedy for protecting an unregistered trade mark. [3] Getup, packaging, business strategy, marketing techniques, advertisement themes etc. can also be protected under passing off.
Another option for highly-recognizable fashion designs is to register it as a trade dress with the United States Patent and Trademark Office (ex Hermès and the Birkin bag). [2] [6] In the 2017 Supreme Court case. Star Athletica, LLC v. Varsity Brands, Inc., it was ruled that Fashion design can be covered by copyright.
One year later, Taco Cabana sued Two Pesos in federal district court for trade dress infringement under the Lanham Act and for theft of trade secrets under Texas common law. [10] Both the district court and the United States Court of Appeals for the Fifth Circuit agreed that Two Pesos deliberately infringed upon Taco Cabana's trade dress, and ...
Download as PDF; Printable version; ... Sri Lankan case law (2 P) Constitutions of Sri Lanka ... Muslim law in Sri Lanka; N. National identity card (Sri Lanka) ...
This work is in the public domain in Sri Lanka . This is because the work falls in one of the following categories defined in the Sri Lanka's Intellectual Property Act, No. 36 of 2003: Sri Lankan folklore: Perpetual copyright. Permission to make any work derived from folklore must be sought from the Minister in charge of the subject of Culture.
The legal system in Sri Lanka comprises collections of codified and uncodified forms of law, of many origins subordinate to the Constitution of Sri Lanka which is the highest law of the island. Its legal framework is a mixture of legal systems of Roman-Dutch law , English law , Kandian law , Thesavalamai and Muslim law .
The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka. [1]