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To establish a case of 'passing-off', what must the claimant prove?

The consumer purchased fake goods

The defendant is using a similar business model to the claimant

The name of the defendant's business is similar enough to the claimant's to mislead the consumer

There is some similarity between the name of the defendant's business and that of the claimant

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Chapter7Thelawoftortsandprofessionalnegligence

'Passing-off' involves the use of a business name, trademark or description that is similar enough to another business so that the consumer is misled to believe that one business is that of another.

多做几道

Which of the following is a remedy available under the civil law?

A fine

Imprisonment

Damages

All criminal law cases begin in which of the following courts?

The County Court

The Magistrate's Court

The Crown Court

The Queen's Bench, Family and Chancery are all division of which court?

Crown Court

Supreme Court

High Court

Which of the following statements concerning cases brought before a Magistrate's Courts is correct?

The case is decided by the Magistrate rather than a jury

Only criminal cases are heard at a Magistrate's Court

Appeals are made directly to the Court of Appeal

Which of the following offences would only be heard at a Magistrate's Court?

An indictable offence

A summary offence

A 'triable either way' offence