Q&As

Are property names excluded from the protection offered by the law of passing off?

read titleRead full title
Produced in partnership with Professor Philip Johnson of Cardiff Law School
Published on LexisPSL on 18/03/2019

The following IP Q&A Produced in partnership with Professor Philip Johnson of Cardiff Law School provides comprehensive and up to date legal information covering:

  • Are property names excluded from the protection offered by the law of passing off?

The law of passing off can protect addresses or property names provided goodwill has attached to that name or address. While customers may need more education from a trader to treat its address or property name as a mark (rather than just a correspondence address), there is nothing in principle precluding someone trading under the mark ‘Rosewood Cottage’ or ‘7 Arcadia Avenue’ and it being protected under passing off.

However, an address or property name alone—without a trader using it as a insignia of trade—would not usually attract goodwill, as most customers would th

Related documents:

Popular documents