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See all on WikipediaPassing off - Wikipedia
Passing 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. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, … See more
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 his own (see John Roberts Powers … 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 … 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. See more• Perry v Truefitt
• Plagiarism
• Private label
• Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd. – Indian case on passing off in domain names See moreWikipedia text under CC-BY-SA license Passing off law: a guide - Harper James
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 …
Understanding Passing Off - The Student Lawyer
WEBJan 22, 2014 · Passing off is one of the main areas of copyright but, unlike most others, is not contained in statute. It provides protection if a …
- Estimated Reading Time: 7 mins
Passing off in IPR - iPleaders Blog
WEBGeneral principles of passing off. Difference between passing off and infringement of a trademark. Tests for passing off. Necessity of …
- Estimated Reading Time: 11 mins
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What is Passing Off & How Can You Prove It? - Burlingtons Legal
WEBThe law of passing off seeks to protect a party’s goodwill and reputation from unauthorised exploitation by third parties. The existence of goodwill in a particular …
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IP basics: The law of passing off - Lexology
WEBA less familiar form of intellectual property (IP) right, passing off right applies to protect unregistered rights associated with a particular business, its goods or services.
IP basics: The law of passing off - Gowling WLG
WEBIn its simplest form, passing off is when a business misleads customers (whether intentionally or unintentionally) into believing their goods or services were actually those of another business so as to benefit from …
What Is Passing Off? - Briffa Legal
WEBPassing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, its goods or services. Passing off actions can be …
The Law of Passing Off – Goodwill Beyond Goods - Springer
WEBThis work takes a bifurcated view of the concept of goodwill to show that throughout the development of the English law of passing off, claimants are concerned with the …
Passing off | Practical Law
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 …
Trademark Unfair Competition: “Passing Off” - Attorney Aaron Hall
WEBPassing 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 …
The Law of Passing-off - Google Books
WEBThe Law of Passing-off: Unfair Competition by Misrepresentation. Christopher Wadlow. Sweet & Maxwell, 2011 - Business & Economics - 952 pages. The Handbook of ICC...
The law of passing off: Intellectual property rights - LawTeacher.net
WEBThe law of passing off, protects the intellectual property rights a person has in their creation where another person seeks to exploit a similarity between that creation and …
Passing off: definition, remedies and defences | nibusinessinfo.co.uk
WEBPassing off happens when someone deliberately or unintentionally passes off their goods or services as those belonging to another party. This action of misrepresentation often …
Passing off as a Legal Concept - Trademark
WEBPassing off is a common law concept. It refers to the misrepresentation of the goods or services one is offering as coming from another party. This false impression is created …
Passing Off vs Trademark Infringement: What’s The Difference?
WEBMore simply: If you have registered your trade mark – the legal remedy for infringement is trademark infringement under the Trade Marks Act. If you have not registered your trade …
Overview of passing off - Practical Law
WEBOverview of passing off. A 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 …
32. Passing Off | Law Trove
WEBIt considers three elements that are required in order to succeed in an action for passing off: the claimant has ‘goodwill’; the defendant made a ‘misrepresentation’ that is likely to …
How Can Passing Off Protect an Unregistered Trade Mark?
WEBPassing off occurs when a party represents their goods and services as the goods or services of someone else. For example, if Pepsi were to try and sell their soft drink as …
What Must You Be Aware of to Avoid Passing Off? - LegalVision
WEBHow can I avoid passing off? The steps you can take to avoid passing off include ensuring customers are aware of your goods’ and services’ origins and obtaining permission to …
8. Passing off | Law Trove
WEBThis chapter explores the tort of passing off which protects the goodwill of a trader from misrepresentation. In the United Kingdom, there is no obligation to register a trade mark. …
5. Passing Off | Law Trove
WEBIt covers the definition of passing off; the relationship between passing off and unfair competition; the elements of both the classic and the extended form of passing off; the …
5. The Tort of Passing Off – Svantesson on the Law of Obligations
WEBEssentially, the tort of passing off is committed where the defendant seeks to falsely represent that she/he, or her/his products, has some association with the plaintiff. …
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