Copyright and Trade Marks Bill [H.L.] - continued        House of Lords

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Duty not to imitate features of goods or services.     3. - (1) A person ("A") shall not, in relation to any goods or services, use any features of packaging, marking, labelling or decoration, in such a way that the public is likely to attribute to A's goods or services the reputation of another person ("B") or the qualities or reputation of B's goods or services.
      (2) For the purposes of subsection (1) it is immaterial whether there is any similarity between the goods or services of A and those of B.
      (3) Subsection (1) shall not apply to features of packaging, marking, labelling or decoration that are commonplace.
      (4) A breach of the duty in subsection (1) shall be actionable by B.
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