Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
"Passing off is a tort which is committed where a business advertises its goods and services in such a way that they appear to be the good and services of someone else"
Business's and individuals can succeed in a passing off claim.
A passing off action protects the reputation or goodwill of a business
To succeed in a claim for passing off, the claimant must first prove that they have established a reputation in a mark by using it in a business and that the use is associated with their name personally or their goods/ services.
Reckitt and Colman:
>R Sold lemon juice in a plastic squeezy container in the shape of a yellow lemon since 1956. The colour, shape and size has always distinctively been the same.
>1985- C produced and sold a similar shaped lemon.
>R applied for a court order to prevent C from selling this product any further.
The claimant must prove that in the course of trade, the defendant made a representation that was misleading.
The claimant in a passing off action may claim any of the following remedies: