Passing off

passing off: a civil wrong, or tort, that protects a trader’s unregistered trade mark rights; the trade can bring a passing off claim to stop others selling goods or services under the false pretence that they are the trader’s goods or services; the legal test for ‘classic passing-off’ requires a claimant to prove (i) he has goodwill or reputation in his goods or services; (ii) the defendant has misrepresented to the public that its goods or services are those of the claimant (note that the misrepresentation need not be intentional); and (iii) damage has been suffered as a result.