Principle

JURISDICTION β€” Federal High Court β€” Passing-off β€” Unregistered Trade Mark β€” Federal High Court has no jurisdiction over passing-off claim arising from unregistered trade mark

Area of law
JURISDICTION
Court
Supreme Court

Federal High Court jurisdiction over passing-off requires a registered trade mark. Common law passing-off claims are within State High Court jurisdiction. The principle applies to intellectual property law. The rule ensures proper allocation of jurisdiction. The court will strike out claims without jurisdiction. The principle…

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