Trademark Passing off
Passing off is a common law doctrine that protects unregistered trademarks and can be used as a legal remedy by the owner of a trademark to prevent others from benefiting from the reputation and goodwill associated with the mark. To establish a claim of passing off, the trademark owner must typically prove the following elements:
- Reputation: The trademark must have acquired a reputation or goodwill in the relevant market.
- Misrepresentation: The defendant must have made a misrepresentation that is likely to cause confusion among consumers, leading them to believe that the defendant’s goods or services are associated with or endorsed by the trademark owner.
- Damage: The trademark owner must demonstrate that they have suffered or are likely to suffer damage as a result of the misrepresentation.
Passing off can vary in its application and legal requirements in different jurisdictions. Additionally, it’s generally advisable to seek legal advice from a qualified trademark attorney or intellectual property professional to fully understand the specific laws and procedures applicable to specific situation. Usually this type of cases are dealt before District Court and High Court.