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 ?
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.
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.
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.
If you don't, you may be sued for passing off or trade mark infringement for causing market place confusion.
The most common forms of fraud are the passing off of poor-grade and often bruised meat as a higher-grade product.
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.
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,