When someone imitates another person's trade name or logo, or other features of his goods, and pretends they are his own.
The pretence by one person that his goods are those of another eg pirated tapes, and T-shirts• Intellectual Property
Where one represents or closely copies products and images of another by the use of a similar name or trade mark or appearance in the hope of capitalising on the good name and reputation of the original product to sell a different one. To sustain a valid claim it is necessary to establish deception or confusion leading members of the public to assume that the copy product is that of the 'creator'. Close
Pretence by one person that his goods or business are those of another.
A legal action brought to protect the reputation of a particular trademark or brand. In essence, the action is designed to prevent others from trading on the reputation or goodwill of the existing trademark or brand. The action is available only in those countries that recognize unregistered trademark rights (for example the UK and US). In some countries, it is called "unfair competition action."
An action before a Court in which a trader is accused of representing their goods/services as those of another trader. Similarity between trade marks is often one cause of such an action.
Where a business has registered a trade mark and another business sells goods or provides services under the same or similar trade mark without permission from the first business, possibly resulting in an infringement of the registered trade mark.
A business trading on the reputation or goodwill of another, for example, by using that businessâ€(tm) name or logo, or in some other way holding itself out to be associated with that business. Although this issue is most commonly dealt with under intellectual property laws, for example trademarks, a business may be able to take action against another business for passing off under s. 52 of the Trade Practices Act if it can be shown that the conduct was misleading to consumers generally
Actionable misrepresentation by a party that goods or business are those of another.
The name given to a legal action brought to protect the "reputation" of a particular trademark/brand/get up. In essence, the action is designed to prevent others from trading on the reputation/goodwill of an existing trademark/brand/get up.
passing off is yet another of those civil wrongs known as a tort. A passing off occurs if a person makes goods or services look as they are connected with someone else, who will in most cases be better known. In other words it is an attempt to profit from the established reputation of another. Often where there is a passing off there is also a Trade Mark infringement, as when, for example, someone sells the clothes which they have made with a more famous label attached to them.
the tort of passing off covers a person or organisation pretending to be, or fraudulently allowing someone else to believe, they are someone else. A tort is a type of civil law which has grown up through cases as opposed to a statute law passed by parliament.
A person who passes off his goods so as to mislead people into thinking that they are the goods of another is subject to an action. He may insure in respect of his liability under a policy covering infringement of industrial property rights.
When a trade or service mark is not registrable it may still be entitled to certain protection, i.e. a passing-off action. Passing off is available where there is a prospect of confusion of identity through the unauthorised use of similar marks or get up, and such use damages, or is likely to damage the goodwill and reputation of a business. Unregistered marks and passing off can apply to virtually any name, mark, logo or get-up which distinguishes a company, business, product or service.
Intellectual property law – the delict of touting ones goods in such a way that the goodwill of another trader is harmed. Prime example being selling goods using the same packaging as another manufacturer
(1) The substitution of one brand of goods for another. (2) Trademark infringement in which the infringer intentionally means to mislead or deceive purchasers. (3) Trademark infringement in which there is no proof of intent to deceive but likelihood of confusion can be proven.
