WebPassing off is a UK common law right, which has arisen out of judge made law, on the simple common sense basis that it should be an offence for one trader to misrepresent his goods or services as those of another, and so deceive customers into purchasing his goods (or services) when they thought they were purchasing those of another. Web29 May 2024 · Actionable under common law, the law of passing off in India is mainly to protect the goodwill that is attached to unregistered trademarks. One should not get benefit from the labor of another person is founded in the basic principle of law. In the Trademarks Act, passing off is defined in section 27 (2), 134 (1) (c) and Section 135.
What is passing off? Legal advice, defences and remedies …
Passing offoccurs when a party deliberately or unintentionally offers its goods or services in a way that deceives the customer into believing they are buying the goods or services of another party. This misrepresentation can negatively impact a business in several ways: 1. its goodwill may be harmed 2. it may … See more There is no specific legislation relating to passing off – the relevant law has been established through case law. There are three key requirements that must be satisfied by a … See more For the purposes of passing off, there are different kinds of misrepresentation. However, provided damage has been suffered as a result of the misrepresentation, it is likely to be possible to establish … See more A claimant in a passing off action may claim any of the following remedies: 1. An inquiry to establish loss 2. Damages for loss of reputation and/or profit 3. Seek an account of the lost profit 4. An order for the delivery up or … See more As passing off is a strict liability offence, defending a claim for passing off can be difficult. However, it is equally difficult to prove passing off. The key defences are: 1. Use of defendant’s … See more Web(a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of [ F4 trade, where the condition in... alcesti tragedia
Differences: registered & unregistered trade mark infringement ...
Web11 Jun 2024 · The law of passing off prevents someone representing (or 'passing off') their products or services as being those of someone else, usually a more established brand. Typically a claim in passing off arises when someone has copied the claimant's packaging although there are plenty of other scenarios such as implying celebrity endorsement. WebLaw of Passing Off In contrast, depending on the facts of the case, the law of passing off: doesn’t require registration. It applies automatically in circumstances which qualify for protection: accumulation of goodwill. The business doesn’t need to own a registered trade mark. can prevent sales activity outside UK WebThe Law of Passing Off. The classic formulation of passing off was set out by Lord Oliver of Aylmerton in the House of Lords (Reckitt & Colman Products Ltd v Borden Inc [1990] 1 … alcesti zibibbo