Assignment Topic
It is important to distinguish between a defendant who takes a conscious decision to live dangerously and one who intends to cause deception and deliberately seeks to take the benefit of another trader’s goodwill….A trader who has taken the decision to live dangerously is in a different position, however. He has appreciated the risk of confusion and has endeavoured to adopt a sign which is a safe distance away. All must depend upon the facts of the particular case.
Black LJ in Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd [2012] EWCA Civ 24 at 115.
Critically assess this quote considering the:
Law of passing off.
Trade mark infringement.
Be sure to cover both points (a) and (b) equally and draw out the similarities and distinctions between both areas including an awareness of various ethical and social issues raised.
Guidance
When you write your coursework be sure to incorporate case law, statutes peer-reviewed academic journal articles and practitioner commentaries where appropriate.
The word count limit is 4,500 words maximum. You are allowed to go below or above this word count by no more than 10% without your mark being affected.
Checklist
Spelling and grammar check
OSCOLA Referencing completed
Proofread completed
All parts of the question answered