passing offpassing off: a civil wrong, or tort, that protects a trader...: a civil wrong, or tort, that protects a trader’s unregistered trade marktrade mark: a symbol, most commonly used in conjunction with... rights; the trade can bring a passing offpassing off: a civil wrong, or tort, that protects a trader... 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 goodwillgoodwill: a business’ intangible and reputational assets s... or reputation in his goods or services; (ii) the defendantdefendant: the respondent against whom court proceedings are... has misrepresented to the public that its goods or services are those of the claimant (note that the misrepresentationmisrepresentation: in contract disputes, a false statement t... need not be intentional); and (iii) damage has been suffered as a result.