Extended passing off

extended passing off: a claim for passing off brought by a group of stakeholders or traders who have collective goodwill in a trade mark; claimants must be able to prove (i) a misrepresentation has been made; (ii) the misrepresentation was made by a trader in the course of trade; (iii) the misrepresentation was made to customers (actual or prospective); (iv) the conduct was intended to injure or harm the goodwill or business of a competitor; and (v) the claimants’ goodwill or business was actually harmed by the trader’s conduct.