Business Law Case Study: Passing Off, Interference with Contractual Relations, Defamation, Restrictive Covenant, Trespass, Bankruptcy and Negligence

[BUSINESS LAW]
Case study
2019
Student

BUSINESS LAW
Table of Contents
Question 1............................................................................................................. 2
Question 2............................................................................................................. 3
Question 3............................................................................................................. 3
Question 4............................................................................................................. 4
Question 5............................................................................................................. 4
Question 6............................................................................................................. 5
Question 7............................................................................................................. 5
Question 8............................................................................................................. 5
Bibliography........................................................................................................... 6
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BUSINESS LAW
Question 1
“Passing Off” is referred as an act of false representation of goods which is likely to
create confusion and make a person believe that the goods and services belong to another.
This is a deliberate or unintentional act of misrepresentation.
In the given case, Sidney and Nancy gave named their start up as “Compact Business
Systems” which was a close resemblance to the name of the company “Compaq Business
Systems”. Also, both the girls picked the exact colours used in the Compact’s logo, for their
own brand’s signage. Adding to this, the duo picked a name for their premium same day
service that was closely mimicking that of the Compaq. These similarities opted by Sidney
and Nancy would successfully create a confusion in the market and make the customers
believe their Compact company as Compaq. As per the IP laws, such an act would clearly fall
under passing off on the part of Nancy and Sidney. Hence this makes Compaq Company as a
plaintiff and Compact (owned by Sidney and Nancy) as a defendant in the given scenario
(Wishart, 2015).
Remedies - On attaining a successful claim of passing off, Compaq Business Services
can:
i. Apply for injunction
ii. Can apply for getting the injured commodities discarded
iii. Can bring a legal action against Compact and seek damages for loss
iv. Can request an investigation to prove loss
Any kind of financial losses barred by Compaq, arising out of such passing off
committed by Compact will be addressed by the court.
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