Welcome! I will try and keep this blog updated by posting a tip a week to two weeks in how I managed to study law full-time as well work full-time. And not just working full-time but running a very busy multi-million $ business. I also have a small family. Here is my first tip for studying law in Brisbane. Or anywhere else for that matter. 1. Give up drinking. You will find that going through a law degree sober is a hell of a lot easier then hung-over. I did an IT degree back in the late 80s and I think I was pretty much hung-over and tired for the whole of that. I'm not saying it will improve your grades, and it might, but things are a lot easier when you are not tired or stress. Ok, well that was my first welcome post and my first great tip for being a totally responsible law student in Brisbane!
The principle behind the tort of “passing off” is that a person cannot represent their goods or services as those of another. The action for passing off protects business goodwill and reputation from wrongful appropriation. An action for passing requires the plaintiff to adduce evidence of the following: Goodwill or reputation in a specific industry or trade; A misrepresentation by the defendant of a connection between the defendant or the defendant’s goods or services or business and the plaintiff or the plaintiff’s business; and Damage or threat of damage. Goodwill Goodwill is an intangible property right that does not have an independent existence separate from the business to which it is attached. The plaintiff will not succeed in a passing off action unless he or she can establish distinctiveness of the indicia in question by showing that consumers identify those indicia with its goods, services or business. In order to succeed in an action in passing off, the plaintiff must est