What is Passing Off?
Passing off is concerned with the protection of the goodwill in a business and/or product and/or service. It often occurs when a party uses another’s trademarks, brand names and maybe other features without permission, to mislead consumers. They are therefore ‘passing off’ or misrepresenting their products for another party’s. Strictly speaking the area of ‘passing off’ is not an intellectual property right but a tort and has been developed by the courts in common law. The principle aim of bringing an action in passing off is to prevent one person benefiting from the goodwill inherent in the business, product or service of another.
Passing off is concerned with the protection of the goodwill in a business and/or product and/or service. It often occurs when a party uses another’s trademarks, brand names and maybe other features without permission, to mislead consumers. They are therefore ‘passing off’ or misrepresenting their products for another party’s. Strictly speaking the area of ‘passing off’ is not an intellectual property right but a tort and has been developed by the courts in common law. The principle aim of bringing an action in passing off is to prevent one person benefiting from the goodwill inherent in the business, product or service of another. For further information, please contact Lawdit Solicitors.
