A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) … See more

Another variety, somewhat rarer is so-called 'reverse passing off'. This occurs where a trader markets another's product or service as being … See more

There are many defences that can be used by a Defendant to dismiss a claim in passing off. The most common are:
1. Delay or acquiescence
2. Bona fide use of the defendants name See more

When coming to court, there are three elements in the tort which must be fulfilled. In Reckitt & Colman Products Ltd v Borden Inc, … See more

One of the instances where passing off is actionable is the extended form of passing off, where a misrepresentation as to the particular quality of a product or service causes harm to … See more

There are several remedies available to a claimant. They include:
1. Injunction
2. See more

• Perry v Truefitt
• Plagiarism
• Private label
• See more