- Published on
KembaraXtra – Legal Terms – Passing Off
Passing off occurs when a person conducts business in a way that misleads the public into believing that their goods or services belong to another business.
The most common form involves using packaging, branding, or trade names similar to those of another trader.
A claimant must prove that the defendant made a misrepresentation that damaged, or was likely to damage, the claimant’s goodwill.
It is unnecessary to show fraudulent intention because innocent passing off may still give rise to liability.
Passing off protects commercial goodwill and business reputation from unfair imitation and deception.
Passing off occurs when a person conducts business in a way that misleads the public into believing that their goods or services belong to another business.
The most common form involves using packaging, branding, or trade names similar to those of another trader.
A claimant must prove that the defendant made a misrepresentation that damaged, or was likely to damage, the claimant’s goodwill.
It is unnecessary to show fraudulent intention because innocent passing off may still give rise to liability.
Passing off protects commercial goodwill and business reputation from unfair imitation and deception.
0 Comments