What is product get up?
What is product get up?
The get-up of a product generally denotes the form in which the brand owner presents its product to the market and typically includes the labelling and packaging of a product which consist of a number of features such as colour combinations, arrangements, graphics and other design elements.
What is get up in passing off?
What is passing off? In very simple terms, passing off is the unauthorised use of another party’s name, mark or get-up (meaning the appearance or “look and feel” of a product) for commercial gain. Get-up can include a distinctive container, colours of the packaging or marketing materials.
What is the legal meaning of passing off?
Passing off is described as an unfair competition by misrepresentation or literally speaking “the cause of confusion or deception”. The Duhaime’s Legal Dictionary, defines Passing off as making some false representation likely to induce a person to believe that the goods or services are those of another.
What does get up mean law?
Get-Up means the appearance of goods and/or their packaging, including inter alia the size and shape of such packaging, the materials, colour and decoration of the goods and their wrappers, instructions for fitment and use and arrangement of their labels; Sample 2.
What is get-up in law?
Is passing off illegal?
Passing off does not confer monopoly rights to any names, marks, get-up or other indicia. Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the businesses of two traders.
What does IP mean in business?
Intellectual property
Intellectual property (IP) refers to creations of the mind: inventions; literary and artistic works; and symbols, images, names and logos used in commerce. Businesses are often unaware that their business assets include IP rights.
Is goodwill intellectual property?
Goodwill is the intangible property and classified as intellectual property and the transfer of the same would fall within section 65(105)(zzr) of the Finance Act, 1994.
Can you sue for passing off?
In each case of passing off, the key issue is the danger of misrepresentation as to the origin of goods or services. If someone leads consumers to believe that their goods or services are connected with another business when they are not, they may give the other business grounds to sue for passing off.
