Critically discuss the circumstances which might increase the risk of a successful passing off claim from Floppy Eared Bunny.

Intellectual Property Law

Saul seeks your advice on the following intellectual property (IP) matters:

If Saul were to register Floppy Ears Ltd as the company name, critically discuss the circumstances which might increase the risk of a successful passing off claim from Floppy Eared Bunny.

In relation to the use of the charcoal spaniel image on the packaging, critically discuss the circumstances which should affect the merits of any copyright claim under English law.

Critically discuss the advantages of registered trade mark protection compared to reliance on the common law of passing off and identify signs which Saul should consider registering as trade marks in the context of his illusion kit business.