| Commentary

93 Passing-off rights

| Commentary

93 Passing-off rights

A question that frequently occurs in advertising is whether reference to goods, personalities or material otherwise unconnected with the product advertised could give rise to an arguable passing-off claim. While the courts have ruled in the past that there could be no passing off unless there was a link between the goods advertised and the complainant’s field of activity1, the law in this area has recently been extended, and this is no longer a requirement. A passing-off action can now succeed where:

  1. 93.1

        an individual claimant has a significant reputation or goodwill; and

  2. 93.2

        the actions of

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