Abstract
This chapter has two objectives. First, it shows the practical and conceptual problems which arise from the provisions that purport to protect substantive goodwill in trade mark legislation in Canada, the United Kingdom and the Lanham Act in United States of America. Second, this chapter takes the opportunity of the legislative analysis undertaken here to place the law of passing off within the contexts of the broader legislative frameworks within which it operates in each of the jurisdictions including Australia. It shows the law of passing of as the starting point for trade mark protection. The law remains embedded as a core principle in trade mark and related legislation. This chapter assesses the extended protection accorded to trade mark owners beyond their interests against passing off and illustrates some of the issues that arise as a result of this extended protection.
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