passing off definition
passing off means falsely representing one’s own product as that of another in an attempt to deceive potential buyers;
passing off has the meaning ascribed to such term in Clause 9.3.
passing off means selling a good or service or carrying on a business in such a manner, under such a name, ▇▇▇▇, description or otherwise as to mislead the public into believing that said good, service or business are those of another person or entity;
More Definitions of passing off
passing off means to substitute one brand for another without the customer’s knowledge. A good example of this is if a customer asks for a glass of Coke. At Marston’s Inns and Taverns we sell Pepsi, so you need to inform the customer that we sell Pepsi and not Coke and to ensure that they are happy to be served an alternative. To serve a customer Pepsi without telling them that it is not Coke is called ‘Passing Off’.
passing off is a right to sue in its own right and is not dependant on having a registered trade mark. It is a common law right and primarily protects unregistered trade marks, marks that are not capable of being registered etc.