passing off

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passing off

the tort or delict of putting up goods in such a way that the goodwill of another trader is harmed. The paradigm case is that of selling goods under the pursuer's name or mark or using his get-up or set-up (i.e. packaging). ‘Reverse passing off is where the accusation is that the defender is damaging the pursuer's sales by selling an inferior product that will damage the pursuer's future sales, as opposed to depriving him of actual sales. The tort has extended to goods which appropriate qualities of the ‘victim’ product such as ‘Scottishness’ in relation to whisky. Passing off is often considered a form of INTELLECTUAL PROPERTY. No prior registration is required to seek this protection as distinct from statutory rights.