Passing-Off
Reasons to choose Wilson Browne
If you haven’t registered your trademark, that doesn’t necessarily mean that you do not have a cause of action if you believe someone may be infringing it.
Under what is called the ‘common law’ (law that is not found in statute, but through case law and custom), you may be able to bring action in passing-off.
Passing-off is where another party offers their goods or services in a way in which the public may be confused into thinking it is the same goods or services as you offer. The underlying principle of passing-off focuses on misrepresentation, and that another party should not be able to sell goods or provides services under the false pretence that they are actually your goods/services.
Again, remedies for passing-off fall within those which are generally available in cases of infringement for most IP rights, namely, injunctions, delivery up, damages or an account of profits.
