Practice question
Orchid Bakery has established goodwill in distinctive wrapping. A new seller deliberately gives its competing goods the same general appearance through wrapping and devices likely to make buyers believe they come from Orchid. It argues that changing one small word necessarily defeats every unfair-competition claim. Which is best?
- The general appearance and deceptive passing-off effect must be assessed; a small word change is not an automatic defense
- Any changed word always makes deception impossible
- Only exact duplication can ever matter
- The new seller automatically owns Orchid's goodwill
- Wrapping can never be relevant
Legal references
- RA 8293 Section 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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