In Arsenal Football Club v Reed [2003] CMLR 481, the court said that “the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin.” Discuss the tort of passing off in relation to the adoption or imitation of some business name or brand name and many other indications under which a product or service is being sold. NB. Use the case study of Kitwe Fried Chickens (KFC)

In Arsenal Football Club v Reed [2003] CMLR 481, the court said that “the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin.” Discuss the tort of passing off in relation to the adoption or imitation of some business name or brand name and many other indications under which a product or service is being sold. NB. Use the case study of Kitwe Fried Chickens (KFC)

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