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Commentary

66 Passing off

ADVERTISING AND MARKETING vol 1
| Commentary

66 Passing off

| Commentary

66 Passing off

Passing off is a tort relating to misrepresentations made by one trader which damage the goodwill of another. Typically, this will involve passing off one’s goods or services as those of another. Three key elements need to be proved before a claimant can succeed in an action for passing off1:

  1. 66.1

        goodwill must be attached to the relevant goods or services of the claimant, such that one or more identifying features are recognised by the public (or a particular class of the public) as distinctive specifically of the claimant’s goods or services;

  2. 66.2

        there must be a

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