Passing off and trade mark law. A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
Passing off is when a person or company infringes on a trademark or goodwill of another individual or person. It is a claim under Trademark law. Of course, trademark laws are the most complex litigation, and often go on for years and cost a lot of money.
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 significant to sustain a legal claim - or defend one successfully. Goodwill is the proprietary right - the right that is owned by a person - which is protected by passing off .
To establish a claim for passing off , you must meet three key requirements: goodwill - you must prove that you own a 'reputation' in the mark that the public associates with your specific product or service
Passing off is when a person or company infringes on a trademark or goodwill of another individual or person. It is a claim under Trademark law. Of course, trademark laws are the most complex litigation, and often go on for ...
Passing off is a common law tort that was established long before trade marks became registerable. It was originally intended to protect traders by allowing them to bring action against a trader attempting to ride off the back of their established reputation (goodwill) by using a similar mark or get-up as their own.
Yes, you can make a passing off claim as well as bring a case for trade mark infringement. A claim for trade mark infringement could fail but a passing off claim succeed. So if there is doubt as to whether a claim for trade mark infringement would succeed, making a passing off claim could prove highly beneficial.
Passing off is concerned with the right of a trader to bring a legal action for protecting business goodwill. This right is not conferred by any ordinance but is based on common law . An action of passing off occurs when a trader unlawfully misrepresents (acts misleadingly) that his goods or services are those of another trader.
Passing off occurs when one party presents their goods as the goods of another party. Passing off extends to unregistered trade marks which legislation otherwise would not protect. To successfully claim passing off , you must establish three key elements. These are reputation, misrepresentation and damage.
A person claiming an action for passing off has to pass the classical trinity test which makes the claim difficult while any claim for infringement succeeds if the plaintiff is able to prove that the impugned trademark is a colourable imitation of the plaintiff's trademark.