Analyse the factors which will affect the merits of a claim in passing off against AAA.

Description 12 PC FONT, DOUBLE SPACED, OSCOLA REFERENCING, 3000 WORDS. Question: Saira is a British-American actor who has appeared in theatre, television and film, as well as running acting courses. Her career has spanned two decades, much of it in the United States, and her work has attracted international acclaim. Due to difficulties in her personal life, Saira is currently taking a break from the spotlight and is focusing on her acting courses, which she runs from her London studio. She uses the adjacent oval logo on her premises and promotional materials. She has not yet registered it as a trade mark. The acting method which Saira teaches derives from the Popov School. Alexander Popov was himself a leading Russian actor in the 1950s. Popov devised a range of dynamic movements, such as floating and flying, which actors can use to find the physical core of a character. Popov published a book containing a series of his own drawings illustrating his technique and its purpose: to enable actors to access their unconscious creative selves through indirect non-analytical means. Popov died in 1967, but his legacy lives on through teachers such as Saira. This is what Popov would have wanted. (A) Whilst surfing the Internet, Saira discovered that another acting studio, Aspiring Actors Association (AAA), is using the mask inside her oval logo to advertise their business. Analyse the factors which will affect the merits of a claim in passing off against AAA. (30 marks) (B) Critically discuss the advantages of trade mark registration as compared to Saira relying on the common law of passing off to protect her logo. (25 marks) (C) It turns out that the mask inside Saira’s oval logo is, in fact, a detail taken from one of the illustrations contained in Popov’s book (see mask on top right had side of image). Assess whether this might render Saira liable for copyright infringement.