Introduction
This is an overview of the law of passing off
in the UK. It is aimed at businesses.
If you want...
- A general overview of intellectual property rights, see: Intellectual property: IMPACT guide to the essentials
- A guide to intellectual property disputes, see: Intellectual property disputes: IMPACT guide to the essentials
Passing off is the name given to the act of taking advantage of another's goodwill or reputation. This will generally involve:
- Making false statements,
- In the course of business,
- Which are likely to deceive others,
- As to the origin or quality of goods or services,
- Which cause loss.
Passing off may be intentional or innocent. It can arise through the use of:
- Names
- Slogans
- Advertising
- Packaging
It is another type of IP right which does not require registration, but it does require a minimum level of business goodwill to establish that you have something that merits protection.
Passing Off & registered trade marks
Passing off is commonly relied on where a trade mark hasn’t been registered – but taking legal action for passing off can be much less straightforward than for registered trade mark infringement, so wherever possible the best policy is to register your trade marks.
I have a registered trade mark. Is passing off a useless legal remedy?
There have been Court cases where, on the same facts, a trade mark infringement action has failed and a passing off action succeeded, and therefore passing off should not be ignored or regarded as unimportant.
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