“It is important to emphasise that some form of imitation of a market leader’s packaging is not unknown.Discuss

Media Law:The Question: “It is important to emphasise that some form of imitation of a market leader’s packaging is not unknown. It is part of competition. Competition between market players is not only lawful but to be actively encouraged. It makes for consumer choice. But unfair competition, in the shape of passing off a product as being one produced by another manufacturer is unlawful. Nonetheless, competitors sometimes configure the packaging of their product in a manner similar to that of market leaders. The question then arises as to whether the new competitor is merely “living dangerously”, or whether there is actually passing off. The dividing line between the two may be very thin”. MacMenamin J., McCambridges Ltd. v Jospeh Brennan Bakeries Supreme Court 2012. You should select at least two examples of packaging from products, which bear resemblance to another similar product on the same market, (i.e. four products in total), and discuss ALL the following, with reference to your chosen examples: 1- Discuss whether trademark law is relevant to your chosen examples. (40 marks) 2- Discuss whether the law of passing off is relevant to your chosen examples. (40 marks) 3- 20 Marks will be awarded for explaining your choice of works, i.e. why you chose them, and any other legal issues which may arise. Your assessment must include pictures or copies of your chosen product. Essential Sources: McCambridges Ltd. v Joseph Brennan Bakeries, Supreme Court 2012 http://www.courts.ie/Judgments.nsf/f69fbd31c73dda2580256cd400020877/4e163f9845beb54a80257a4c004e1386?OpenDocument High Court decision http://www.courts.ie/__80256F2B00356A6B.nsf/0/38748B61B563CF228025797A0052A970?Open&Highlight=0,McCambridges,~language_en~Notes:-Please Use OSCOLA referencing system and not the one in the format below-Please divide number of words in accordance with the number of marks awarded for each of the three parts of the question.-Irish Law-Bibliography and footnotes are not to be included in word count.Thank you!