However, it is a fact of life that most SMEs, and many larger businesses, do not bother to register their name as a trademark, in which case you have to rely upon common-law action
to prevent what is called 'passing-off'.
it is apparent that the common-law action
recognized as appropriate by the decision in Elliott v.
2d 83 (1963),8 a Connecticut court held that "[a]rbitration is not a common-law action
, and the institution of arbitration proceedings is not the bringing of an action under any of our statutes of limitation.
The minority view that a common-law action
may be brought advances the idea that the injury complained of is not covered by the workers' compensation remedy because it does not arise in the course of the employment, because it was intended rather than accidental; or because the penalty sections of the compensation act, unlike the tort, do not allow recovery when the defendant relies on responsible medical testimony in delaying payment.