Topic 10: Passing Off Flashcards
1
Q
What is Passing Off?
A
A tort that serves to protect Trademarks from being misused by others (i.e. prevent customer confusion)
2
Q
Is an intent to deceive required?
A
No (Interflora Inc v Marks and Spencer plc)
3
Q
What case is the origin of Passing Off?
A
Aj Spalding & Bros v A W Gamage
4
Q
What are the elements of Passing Off?
A
- Misrepresentation 2. Made by a trader in course of trade 3. To prospective or ultimate customers 4. May injure business or goodwill of another trader 5. Causes or may cause actual damage to business or goodwill
5
Q
Do you need to show proof of actual damage?
A
No; you don’t need to show that a customer has actually been deceived
