Passing Off

In current society, it is now more important than ever to protect the interests of your business and to ensure that they are not prejudiced by the acts of a competitor. This can be done by raising an action of “passing off”. What is “Passing off”? Passing off is a common law action and is used to prevent one party from using the goodwill associated with another party for their own benefit. This does not provide a monopoly right over the mark; instead it protects the owner of the goodwill against what can be referred to as “unfair competition”. The law of passing off is extensive and covers the goodwill associated with a trademark, signs, visual images, domain names and other descriptive material...