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.
References in periodicals archive ?
He added: "The mere sale by a trader of a T-shirt bearing an image of a famous person is not an act of passing off.
This follows Hotel Cipriani's successful defence last week of an appeal by the Cipriani family against the decision of His Honour Mr Justice Arnold in the High Court in London in December 2008 in which he found for Hotel Cipriani in an action for trade mark infringement and passing off in respect of the mark ''Cipriani'' for restaurant services, against the operators of the restaurant 'Cipriani' London.
He ordered an injunction over the infringements, an inquiry into damages, and disclosure in respect of the trademark infringements, despite the fact that the passing off arguments did not succeed, said the spokesman.
Once established, such goodwill can be protected by the law of passing off so, if someone makes a false representation to the market place that it is, in some way, associated with your business when it is not: for example, passing themselves as being connected to you, then, by using the law of passing off, you can stop them.
NEUROSIS HAS BEEN MAKING HEAVY and intense music that does not--and has never--fit into whatever fad cliche the mainstream media has been passing off as hard rock.
Gunn was set to graduate when instructors accused him of passing off other people's work--copied from the Internet--as his own.
with one court ordering a permanent injunction to prohibit ``establishments from passing off any non-Red Bull drink as Red Bull,'' Patrice Radden, spokeswoman for Red Bull, said in an e-mail.
On the road between Cereivitsi and Ivanovtsi, a lorry filled with soldiers and police drove into the buggy at high speed, with the obvious intention of knocking it over and passing off the Bishop's death as an accident.
Interviewed on camera, General Clark said that NATO actually found an officer who "admitted his guilt" in passing off documents relating to "air-tasking orders" directly to Serbian authorities prior to the air campaign itself.
More fascinating than the pictures themselves are the stories they tell: photographers experimenting with new technology, models testing taboos, collectors creating homemade pornographic scrapbooks, producers passing off erotica as art or exercise instruction,
The combined business intelligence and technology platforms of TransUnion and CGS will make passing off bad checks on unsuspecting retailers that much more difficult.
We normally think of passing off as creating a product and logo which is very similar to that of a competitor causing the customer to accidentally buy the 'wrong' product.