Licensing in the Apparel Industry
February 6th, 2011Today’s Freebies
February 6th, 2011Last chance to buy … up to 50% off selected products
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Apparel & Fashion
December 15th, 2010Welcome to e-adverts.net.
This site is an apparel industry directory providing everyone with links and information to every aspect of apparel, fashion, textiles, and clothing …
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License Character Merchandising
July 2nd, 2010Welcome to e-adverts.net.
This post is created to help you find the right solution for your business!
What if you come across an idea, a very good idea at that? However you cannot afford the license fee and still wish to sell your idea. Provided you do not infringe a trademark or copy an image, then the owner will only be able to rely on the law of passing off. It has become known as character merchandising. The only relevant action open to the owner of the rights is the judge made law known as passing off. The law of passing off responds to changes in the nature of trade.
The law of passing off is not designed to protect a trader from fair competition. It is not even to protect him against others selling the same goods or copied goods. If the latter is possible at all it is only as a result of the application of the law of copyright, designs, patents or confidential information.
What is protected is goodwill. Lord Macnaghton said goodwill is a very difficult to define. It is the benefit and advantage of the good name, reputation, and connection of a business. It is the attractive force which brings in custom.
