Passing off - Wikipedia
WEBPassing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation.
Trademark Unfair Competition: “Passing Off” - Attorney Aaron …
WEBFeb 22, 2019 · Passing off happens when the defendant makes a statement or representation that the goods or services are affiliated or come from the plaintiff. There can be direct or indirect false representation in this regard.
What is passing off? Legal advice, defences and remedies
WEBPassing off is a ‘civil wrong’ or tort closely related to trade mark law. Passing off involves one trader somehow misrepresenting its goods or services as being those of another trader, or vice versa. If a competitor passes itself off as you, it can cost your business dearly.
Passing off | Practical Law - Westlaw
WEBThis note examines the common law tort of passing off. It covers the elements of a passing off claim, relief available in passing off proceedings, how to avoid liability by using a disclaimer and the relationship between a …
The Tort of Passing Off: Someone has imitated the branding of …
WEBDec 18, 2023 · In order for you to sue your competitor for the tort of passing off – for trying to pass his business off as yours, three requirements have to be met. They are namely (1) existence of goodwill; (2) misrepresentation; and (3) damage.
Difference Between Passing Off And Infringement Of The Trade Mark - Mondaq
WEBMar 10, 2020 · An action for trade mark infringement is a statutory remedy and on the other hand, an action for passing off is a common law remedy. The use of the trade mark of the plaintiff, by the defendant, is also a prerequisite in the case of an action for infringement while it is not a necessity of an action for passing off.
Passing off in IPR - iPleaders Blog
WEBDec 22, 2023 · Passing off, as is known and understood, means that the goods of the defendant are falsely represented as the goods of the plaintiff, usually by using a plaintiff indication as a means of misrepresentation.
Pass off Definition & Meaning - Merriam-Webster
WEBThe meaning of PASS OFF is to make public or offer for sale with intent to deceive. How to use pass off in a sentence.
Overview of passing off - Practical Law
WEBA review of the nature and scope of the law relating to the tort of passing off, including a discussion of the application of that law to special situations such as product merchandising and the internet.
What Must You Be Aware of to Avoid Passing Off? - LegalVision
WEBApr 19, 2023 · This misrepresentation or misappropriation is what is known as ‘passing off.’. This article will outline the considerations involved to avoid a situation of passing off. If another business is using your business’s intellectual property and engaging in what can be deemed as ‘passing off,’ seek the advice of an intellectual property lawyer.
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