Latest news:
Employers Preparing for the 2012 Olympics14-May-2012
The 2012 Olympics will create a number of issues for employers, including high levels of authori..
UK Cookie Regulations - A Tough Cookie for Website Providers14-May-2012
By 26th May 2012 the UK Cookie Regulations will be enforced. If your website is non-compliant, y..
Does Copyright exist in TV Formats?11-May-2012
There is little protection for the creation of TV formats under law and as a result others can r..
Young Entrepreneur Launches Music and Lifestyle Brand09-May-2012
Kuits entertainment and media lawyers have advised 20 year old North West entrepreneur Becky Bro..
Kuits Entertainment and Media Law Update - April 201223-Apr-2012
Trade Mark – The Beatles A wheelchair company has been ordered by the European Court of Ju..
Patent Box Tax Proposal20-Apr-2012
Scheduled to be in force from 1st April 2013, the “Patent Box” proposal in the UK wi..
Google's new Privacy Policy - What this means for you20-Mar-2012
As of 1st March 2012, information gathered by Google from its various services will be shared ac..
Kuits Entertainment and Media Law Update - March 201220-Mar-2012
Our latest entertainment and media law update looks at recent developments, stories of interest ..
Entertainment and Media Law Update - Feb 201222-Feb-2012
The latest instalment of our Entertainment and Media Law update highlights some recent developme..
Beware of Website Sales16-Feb-2012
If you have a website to advertise and sell your products, it is important to be aware of and co..
Building Information Modelling (BIM) - Are you ready?13-Dec-2011
There will be no escaping Building Information Modelling(BIM) over the next few years. The Gover..
Passing Off
The law of passing off is important when a business does not have a trade mark or the infringer is not using the mark as registered. It protects the goodwill in the business and stops one trader utilising the reputation of another.The owner of an unregistered trade mark can bring an action against an infringer for passing off a name or otherwise piggy-backing on acquired goodwill.
In order to succeed in a claim for passing off it is necessary to prove:
(i) it has established goodwill or a reputation in the mark,
(ii) a misrepresentation has been made by the infringer that leads or is likely to lead the public to believe that the goods or services offered by him are the goods / services of the trade mark owner, and
(iii) damage has been caused to goodwill or reputation as a consequence of the misrepresentation.
If (i) and (ii) are made out the Court will assume damage, but to recover money actual damage must be shown.
This is a complex area of intellectual property law. We have assisted many clients in claims for passing off.
For expert advice regarding any issue relating to passing off contact:
Ian Morris, Partner
T: 0161 832 3434
| Ask a Question... |
| Request a Call Back... |
| What our Clients Say... |
