Passing Off Tort

Question 1

What is passing off?

Answer 1

The essence of passing off is the selling of goods or the conducting of business in such a manner as to mislead the public into believing that the defendant’s products or business is that of the plaintiff. The Law of passing off is designed to protect traders against forms of unfair competition. This consists in acquiring for oneself by means of false or misleading devices, the benefits of the reputation already achieved by rival traders.

Question 2

Passing Off Cont’d

Answer 2

Passing off as making some false representation likely to induce a person to believe that the goods or services are those of another

Question 3

ELEMENTS OF PASSING OFF

Answer 3

(A) Goodwill - Niger Chemists Ltd v Nigeria Chemist Ltd1
(B) Misrepresentation- Ogunlende v Babayemi De facto Works Ltd Odumotu
(C) Damage- Williams v Bromley Trebor (Nigeria) Ltd v Associated Industries Ltd.5