Trademark & Copyright Law
Passing Off
A common law remedy protecting an unregistered trademark or business identity from being misrepresented by another party in a way that deceives customers.
Passing off protects the goodwill a business has built in its name or mark, even without formal trademark registration, by preventing others from misrepresenting their goods or services as being connected with the established business.
To succeed, the claimant generally needs to prove existing goodwill, a misrepresentation by the defendant, and resulting or likely damage to that goodwill.
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