Passing off
A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.
Definition
Passing off is different from a registered trade mark claim, although the facts can overlap. The practical review should organise brand use, reputation or goodwill, customer confusion, copied names or get-up, market overlap, dates of first use, advertising, sales evidence, complaints, screenshots, and whether urgent interdict or trade mark steps are needed.
Key takeaways
A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.
Intellectual Property
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Passing off
Brand confusion
Trade mark dispute
Related resources
Resources and guides
Intellectual Property Document Pack
Intellectual Property Document Pack: prepare Creation files, Dated drafts, Employment or contractor agreements and identify missing records before legal advice.
Intellectual PropertyChecklistIntellectual Property Fee and Scope Guide
Prepare fee and scope questions for a intellectual property matter by separating consultation fees, fixed fees, hourly work, disbursements, official fees, exclusions, approval rules, and invoice controls.
Intellectual PropertyChecklistIP Protection Checklist
IP Protection Checklist for preparing documents, facts, dates, and questions connected to intellectual property.
Intellectual PropertyChecklistTrade Mark Search Checklist
Trade Mark Search Checklist for preparing documents, facts, dates, and questions connected to intellectual property.
Intellectual PropertyFAQs
Passing off FAQs
What does Passing off mean?
A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.
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