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 ?
Hailing from Reva in Madhya Pradesh, Mishra had been passing off secret and sensitive information to the Pakistani intelligence agency, Singh said.
Ajmer (Rajasthan) [India], November 11 ( ANI ): A Myanmar national has been arrested in Rajasthan's Ajmer city for faking his identity and passing off as an Indian, police said on Saturday.
In the lead judgment Lord Justice Kitchin ruled Mr Justice Birss "was entitled to find that the sale by Topshop of the T-shirt amounted to passing off".
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. However, I find that Topshop's sale of this T-shirt was an act of passing off."
Yesterday, Tory MSP Alex Johnstone said: "If some restaurants are passing off meats like beef as lamb, they should be named and shamed.
Ruling on a preliminary issue in the case today, a judge said: "This is a trademark and passing off claim arising from the use of the sign Glee.
"It is possible some of the protesters who tried to flee while passing off as patients may have been severely dealt with," the doctor added.
POLICE chiefs today insisted they would continue efforts to ban the annual Bulldog Bash biker festival, despite this year's event passing off peacefully.
Perhaps one of its more common and traditional forms is so-called 'Passing Off ' where one trader or business organisation 'passes off' its goods and services as those of another rival trader or business organisation.
Mr Justice Lewison said this did not amount to deception or misrepresentation, and threw out L'Oreal's claims that its perfumes had become victims of "passing off".
The defenders must also practice "passing off" an attacker if he runs from one side of the field to the other.