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1 Passing off - Intellectual property lawyers.. - Clarke Willmott
Passing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, its goods or services.
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2 Passing off: definition, remedies and defences - NIBusinessInfo
Passing off happens when someone deliberately or unintentionally passes off their goods or services as those belonging to another party. This action of ...
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3 Passing-off: Protecting the brand, goodwill and reputation of a ...
It should be noted that the law of passing-off does not protect a business's actual product from misrepresentation in the marketplace – it ...
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4 Passing Off: How to Prove a Competitor is Using Your Branding
Passing off is is the unauthorised use of another party's name, mark or get-up for commercial gain. Is your competitor using your branding?
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5 What is passing off? Legal advice, defences and remedies
its goodwill may be harmed · it may suffer financial (revenue is lost on unsold products and services as another business has instead benefitted ...
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6 Passing Off (misleading business reputation/goodwill)
An action of passing off occurs when a trader unlawfully misrepresents (acts misleadingly) that his goods or services are those of another ...
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7 What Constitutes Passing Off Alternatively Known as ... -
Although goodwill may be embodied in words, names or get-up, passing off protects the goodwill of the claimant's business as a whole and not individual ...
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8 What Must You Be Aware of to Avoid Passing Off? - LegalVision
The competitor may also allegedly create a misrepresentation to the public suggesting a relationship between the businesses (that may be ...
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9 Passing Off and Trade-Marks Act Disputes Involving ...
Passing Off and Trade-Marks Act Disputes Involving Confusing Trade Names or Product Names as Business Concerns. The tort of passing off involves the ...
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10 Passing Off - the basics | Gregory Abrams Davidson Solicitors
The legal definition of passing off is where a person or business offers goods or services as another business or with the consent of someone else in a way ...
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11 Trade Names and Passing Off - Owen White Solicitors
Passing off protects the goodwill attached to a trade name or business. Passing off can also be used to protect slogans, logos, symbols or ...
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12 Passing Off Claims - Forbes Solicitors
Unlike registered trade marks (which are primarily governed by the Trade Marks Act 1994), passing off claims have no statutory basis, and are instead based on ...
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13 Overview of passing off | Practical Law - Westlaw
Actions in passing off have traditionally concerned the use by the defendant of the name, mark or get-up used by the claimant to denote a product or business.
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14 Passing Off - Intellectual Property Law
What is passing off? Passing off is a legal reference for what happens when an individual or a business misrepresents someone else's goods or services in ...
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15 “Passing Off” a trademark: A discussion of common law ...
A successful passing off claim requires a plaintiff owner or licensee to demonstrate that it has acquired a commercial reputation in the ...
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16 Passing off - Legal & Financial - Duport
You should be aware that when your business becomes successful, others may try to pass themselves off as your company.
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17 What is Passing Off? - Lawble
In a commercial context, where a business has built up goodwill through an identity for its goods and services that is distinguishable from the ...
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18 Trademark Infringement and the Tort of Passing Off - Heer Law
So, what happens when you catch someone else using a trademark that you created and have been using in association with your business? Your ...
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19 Reverse Passing Off: A Risky Trick Play in Trademark Cases
“Passing off,” sometimes referred to as “palming off,” is a related claim but involves substitution. For example, a company was found to have ...
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20 Passing off and advertising | marketinglaw
Passing off protects any aspect of the presentation of a trader's products which distinguishes these products from anyone else's and helps the ...
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21 The Tort of Passing Off: Someone has imitated the branding of ...
In order to bring an action for passing off, your brand must have acquired goodwill by the date on which the defendant's business or product ...
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22 Passing Off – Stop them stealing your business - Johnson Legal
Passing off is a common law action and is used to prevent one party from using the goodwill associated with another party for their own benefit.
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23 Emulating another business – when is there passing off?
The case is a good example of the limits of passing off claims, especially where the parties' business names are different, with the court ...
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24 Passing off - Company Law Club
Passing off · That it is established in business under that name or has some other right to its use; · That the company being sued is conducting business in such ...
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25 When goodwill in the business is not enough - The IPKat
To succeed in a passing off action, a claimant needs to prove the three elements of goodwill, misrepresentation and damage. At first instance, ...
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26 Common Law of Passing Off | Franklins Solicitors
Passing Off means someone is using an unregistered Trade Mark to represent goods or services as their own i.e. representing a link to another business and ...
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27 Unfair Competition: Why Passing Off Claims Fail
Without proof of goodwill or reputation, passing off claims will not be successful. Absent this essential component of the passing off test, ...
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28 Passing off - MyLawyer
If one business has distinguishing or easily recognisable features, another business cannot mimic them in an attempt to pass them off as their own. There are ...
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29 What is 'Passing Off' in Trade Mark Law?
In the context of trade marks, passing off occurs where someone without a registered trade mark finds that another business is passing off their ...
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30 Can Passing Off Protect an Unregistered Trademark?
Passing off is a common law action for when a business represents another's name, brand, logo, or other trademark as their own. They do this in ...
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31 Common Law Tort of Passing Off - Smit & Van Wyk
Passing off occurs when there is a false representation (misrepresentation) directly or indirectly by a trader to the public that his business is that of a ...
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32 Part 3: Unregistered Trade Marks and Passing Off!-Trade-Marks-Explained--Part-3-Unregistered-Trade-Marks-and-Passing-Off-01.05.20.pdf
This publication is aimed to help small start-up businesses and entrepreneurs specifically. Date produced: 01.05.2020. qLegal Online Publication. Protect Your ...
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33 Product Clones: 'Passing Off' Copied Items as Big Brand Goods
'Passing off' is when a business tries to sell its own goods under the pretence that they are the goods of another company. Passing off is ...
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as 'passing off. The form that unfair trading takes will alter with the ways in which trade is carried on and business reputation and goodwill acquired.4.
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35 Trademark Unfair Competition: “Passing Off”
“Passing off” encompasses a lot of activity and is the oldest theory of unfair competition. Passing off happens when the defendant makes a statement or ...
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36 Passing off is the selling of one's product, or the ... - Abuad Portal
Discuss the relevance of passing off as a form of Economic Torts in the 21st century ... business is that of the plaintiff, and the “law on this matter is ...
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37 How should I handle a case of 'Passing Off'? - LawBite
'Passing off' typically occurs where one party tries to take advantage of an existing brand name or mark which is already well established and ...
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38 Intellectual Property Fact Sheet Passing Off
goodwill and reputation in its business. The legal cause of action under which these rights can be asserted and enforced is known as. “passing off.
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39 Passing Off - intellectual property solicitors in London
The claimant has goodwillgoodwill: a business' intangible and reputational assets s... or reputation in respect of its goods or services. Another party has made ...
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40 Is passing off past its best? | Hill Dickinson
Passing off can be considered the safety net of IP protection for brand owners, particularly for elements of a business that cannot benefit ...
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41 Copy Cat Branding – the Law of “Passing Off”
If a competitor is found to be passing off another's business or products, then a remedy exists for those who suffer damages as a result.
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42 Passing Off Claims: IP Rights (Defences & Remedies)
In the law of passing off, goodwill is a legal concept, not a business concept. There are similarities between the two, but the differences are ...
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43 Resources | Passing off - Farillio
The law of 'passing off' can offer you some limited protection if a copycat rival causes damage to your business (loss of sales or damage to your good ...
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44 Stealing ideas and passing off - Gannons Solicitors
Passing off is a common law claim which can be brought against someone infringing on unregistered Intellectual Property Rights. How can you ...
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45 Passing Off - Wikijuris
Passing off protects against the misappropriation of a trader's business reputation or goodwill by the misrepresentation of another trader.
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46 Meaning of passing off in English - Cambridge Dictionary
the illegal act of selling a product that is similar to one that another company has legally protected by a trademark: The restaurant was found guilty of ...
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47 Passing off under trademark - Legal Services India
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from ...
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48 Passing Off | An Analysis of the Economic Torts
Passing off became a tort of misrepresentation, to protect 'those indicators in the process of commercial competition by which one rival distinguishes his ...
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49 What is passing off in unregistered trade marks? - Lawthentic
Passing off takes place when a business incorrectly represents their goods or services as those of another business, or that their goods or ...
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50 Overview of passing off | Practical Law - Thomson Reuters
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 ...
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51 Passing Off: Dealing with Copycats in Business
A claim of passing off and a breach of the Fair Trading Act are invariably used in conjunction in look-a-like situations where one business ...
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52 Reverse Passing Off: Preventing Healthy Competition
Chad ended up with a small garage business, fixing up snowboards for his friends and their friends. One day, a Japanese corporation approached Chad and asked if ...
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53 Protecting Business Assets Under the Lanham Act
Originating in about 1803 as an offshoot of the tort of fraud and deceit, passing off occurs when one makes a false representation or designation as to the ...
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54 Passing off: When your business's reputation is threatened
the business has a reputation; · there is a misrepresentation that is likely to deceive the relevant section of the public into believing that the business, ...
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55 Trade Mark & Passing Off Disputes | The Law Superstore
If you have a trademark that the public and business partners can easily identify as belonging to you and your company, you'll want to protect it. If your ...
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56 Passing Off - Intellectual Property Law - Ellis Jones Solicitors
If a business sells goods or provides services which people are led to believe are of another business, then this may be an offence known as 'passing off'.
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57 What is passing off? - FindLaw Australia
To establish passing off, the plaintiff must prove a misrepresentation made by a trader in the course of trade to prospective customers or consumers that is ...
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58 Passing off - Oxford Reference
... into thinking that one's goods or services are those of another business. The commonest form of passing off is marketing goods with a design, packaging, ...
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59 The tort of passing off | Brisbane Technology, IT, and IP Lawyers
The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of ...
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60 Passing Off - Gaby Hardwicke Solicitors
There must be a misrepresentation by the defendants in the course of their business that leads (or is likely to lead) the public to believe that the goods or ...
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61 South Africa: Common Law Tort Of Passing Off - Trademark
Passing off occurs when there is a false representation (misrepresentation) directly or indirectly by a trader to the public that his business ...
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62 What is Passing Off? - Fleximize
Your goodwill is the company's lifeblood and the thing that will have customers returning and recommending your products or services. Passing off is when ...
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63 Passing Off vs Trademark Infringement: What's The Difference?
More specifically, the passing off remedy prevents businesses and individuals from 'passing off' their products as your products.
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64 the old "tort of passing off" and misleading and deceptive ...
The tort of 'passing off' is an action available where a business wrongly suggests a connection, in the course of trade, with another's goods or services where ...
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65 Passing Off - Intellectual Property - Bloomsbury Law Solicitors
Passing off occurs when two parties have a dispute against each other within the world of business. Cases often derive when one party accuses the other of ...
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66 Case law: Business could not claim 'passing off' on basis of ...
Passing off laws aim to stop third parties selling goods or services which are the same as, or similar to, another business's goods or services without ...
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67 Passing Off - Business Law - Ackroyd Legal
Passing off occurs when someone wrongly claims that the goods, services or business activities of another person or company are their own, ...
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68 The perils of relying on passing off - Why you should register ...
These businesses are still able to protect their brand in the UK using the common law, this is known as “Passing Off”. The right to bring an ...
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69 Passing Off: An Uncertain Remedy - Fordham IP Institute
The essence of the tort is, therefore, a misrepresentation made by the defendant which is calculated to cause damage to the business or goodwill of the ...
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70 IP 11 : passing off Flashcards | Quizlet
Passing off therefore gives a trader an opportunity to acquire protection through use of a brand name, logo or trading name, or indeed any symbol which has been ...
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71 Passing-Off: Infringement: Unregistered Trademarks
Passing off: solicitors with long track-record: trademark infringement: High Court injunctions: damages: specialists in intellectual property.
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72 Information on Branding - Handsome I.P.
Passing-off is a common law right that allows you to prevent other businesses from 'passing off' their goods/services as yours. It is the weaker sibling of ...
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73 Trade Marks & Brands | Solicitors - LCF Law
Passing off claims · Goodwill: the claimant's business has generated customer goodwill, which is being misappropriated by the defendant's use of its branding.
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74 Passing Off & Unfair Competition | Legal Advice - Furley Page
Passing off protects against those seeking to take unfair advantage of a business' goodwill and reputation in order to gain a head start.
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75 ULaw's Reporters - PROTECTING TRADE DRESS ... - Facebook
To initiate a lawsuit for Passing Off, the petitioner must meet the following evidence requirements: -Reputation of products or services as well as external ...
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76 PASSING OFF - Ariel Dubinsky Law Office
The conceptual basis for the tort of passing off is protecting reputation and preventing a situation in which one business “rides the coattails” of another ...
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77 Passing off—goodwill, misrepresentation and damage
Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg ...
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78 Passing off: copying your brand and goodwill - Brand Protect
Passing off is typically a law practiced in the UK and other common law jurisdictions including the US. The European equivalent of 'passing off' is that of ...
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79 Differences Between Passing Off and Trademark - Bscholarly
Passing off can be committed by using another company's or business trademark or such mark that creates a resemblance of it. Trademark is ...
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80 Is passing off past its best? - Lexology
While passing off is often pleaded alongside trademark and design right infringement, ... (monetary or otherwise) the brand owner has made to its business.
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81 Making the most of passing-off protection - Bereskin & Parr LLP
Canada, a common law country, affords protection to both registered and unregistered trademarks and trade names and other business signs, including logos,.
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82 Passing Off: Never Use Celebrities' Names for Your Business ...
Passing off is a common law tort that enforces unregistered trademark rights. It usually applies to a celebrity falsely represented as being affiliated with ...
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83 Doctrine of Passing Off - Netsheria International
Passing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, ...
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In today's competitive and global market place, protecting your business ... Passing off is the use of an unregistered mark in such a way that a third party ...
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85 Passing Off - UK Law (An Irish Guide)
For example, a business may have established a particular packaging, colour or feel to its products by advertising and marketing. If another business designs ...
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86 Goodwill in Passing Off - Edward Elgar Publishing
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result ...
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87 Trade mark infringement / 'passing off' case in Malaysia
For 'passing off' the British company had to prove that the Malaysian company was misrepresenting their goods as being connected with the British company. They ...
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88 IPso Jure - Passing off and malicious falsehood - Google Sites
Some cases refer to confusion: like trade mark law, passing off is concerned with the misappropriation of goodwill, and this may result from confusion being ...
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89 Passing Off - rhw Solicitors, Guildford, Surrey - 01483 302 000
Passing off is complex area of Intellectual Property law which requires a deep understanding of a client's business, their customers and their geographical ...
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90 Passing OFF - StuDocu
passing off passing off: functions and purposes to stop an infringer from selling their making unfair use of (claimants) reputation. for example, selling.
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91 Letter of Claim (Passing off) - Claimant - DocPro
Passing off is where a trader acts in a way that misleads or misrepresents themselves as being associated or linked with another company or goods or services of ...
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92 Passing off may be more useful than you think
Passing off · goodwill of the claimant · misrepresentation by the defendant which causes or is likely to cause deception, and · damage arising from the erroneous ...
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93 1 The Law of Passing Off – goodwill beyond goods Author
traders who suffer a resulting loss of business or goodwill. ... law of passing off, claimants are concerned not only with the protection of their trade at ...
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94 PASSING OFF | Business Torts
› passing-off
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95 Passing Off
Passing-off occurs when a company's business reputation or goodwill will likely be injured by a misrepresentation in which a competitor creates an illusion of ...
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96 Passing Off,Counterfeit Goods, and Confidential Information ...
A misrepresentation · Made by a trader in the course of trade · To prospective customers · Which is calculated to injure the business or goodwill of another trader ...
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97 Intellectual property - LawOnline
If someone else uses this goodwill and reputation, the owner of the business can stop this by using the law against passing off. In order to succeed in a ...
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These brands add massive value to the companies that own them because they have a powerful 'reputation' and. 'goodwill'. Advertising influences the reputation ...
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