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Topic: Passing off


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  Passing off - Wikipedia, the free encyclopedia
Instead, the law of passing off is designed to prevent misrepresentation to the public where there is some sort of association between the plaintiff and the defendant.
The extended form of passing off is used by celebrities as a means of enforcing their personality rights in common law jurisdictions.
In many cases, reverse passing off can be explained under the ordinary rules: for example where a defendant may represent that he or she made goods which were in fact made by the plaintiff so as to pass off his own business as a branch of the plaintiff's.
en.wikipedia.org /wiki/Passing_off   (650 words)

  
 Passing off   (Site not responding. Last check: 2007-11-03)
The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and servicesof the plaintiff, and also prevents one person from holding out his or her goodsor services as having some association or connection with the plaintiff when this is not true.
Passing off is often used as a form of intellectualproperty enforcement, particularly for unregistered trade marks or againsttrade marks which are marginally different from registered trade marks.
Instead, the law of passing off is designed to prevent misrepresentation to the public where there is some sort of associationbetween the plaintiff and the defendant.
www.therfcc.org /passing-off-5910.html   (561 words)

  
 The Financial Express
Passing off law, which is also called the common law remedy, is basically designed to protect the goodwill of the plaintiff in his business or his goods.
Passing off is a common law remedy, an action for deceit that is passing off by a person of his own goods as those of another.
In a passing off action the use of a mark for a sufficient long time so as to be known to the public is one of the conditions precedent to the filing of such action.
www.financialexpress.com /fe20010518/an3.html   (1313 words)

  
 Passing off   (Site not responding. Last check: 2007-11-03)
Passing off is often used as a form of intellectual property enforcement, particularly for unregistered trade mark s or against trade marks which are marginally different from registered trade marks.
Passing By Reference-to-const Explains why the rules for initializing references make passing by reference-to-const an efficient and attractive alternative to passing by value.
John Dee Passing the Lantern to Bacon This image depicts John Dee passing a lantern symbolizing the esoteric tradition of Francis Bacon.
www.serebella.com /encyclopedia/article-Passing_off.html   (793 words)

  
 Passing off - Encyclopedia.WorldSearch   (Site not responding. Last check: 2007-11-03)
Passing off essentially occurs where the reputation of party A is misappropriated by party B, such that party B misrepresents this reputation and damages the goodwill of party A. Table of Content:
The three fundamental elements to passing off are therefore reputation, misrepresentation, and damage to goodwill, which are sometimes known as the classical trinity, as restated by the English House of Lords in the case of Reckitt & Colman Ltd v Borden Inc 1 RPC{{fn1}} 341 1 (the Jif Lemon case).
An example of this is Erven Warnink v J Townsend & Sons (Hull) Ltd AC 731, in which the makers of advocaat sued a manufacturer of a drink similar but not identical to advocaat, but which was successfully marketed as being advocaat.
encyclopedia.worldsearch.com /passing_off.htm   (690 words)

  
 Passing off - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-03)
There are three essential elements of a claim for damages under the law of passing off, namely misrepresentation, damage, and goodwill.
It has to be distinguished from infringement of registered trademarks which is another tort preventing a defendant from misappropriating a trade mark or product get-up.
Passing off is found in common law, as opposed to statute law such as the Trade Marks Act 1994 which regulates trademarks.
www.encyclopedia-online.info /Passing_off   (602 words)

  
 Unfair Competition and Trademark Infringement   (Site not responding. Last check: 2007-11-03)
Even though the plaintiff categorizes the defendant's actions as reverse passing off, 262 this is not the case.
Maphia opinion does not mention reverse passing off, 285 this opinion should be viewed as a departure from the interpretation that bodily appropriation is required for a section 43(a) claim.
Reverse passing off is accomplished "expressly" when the wrongdoer removes the name or trademark on another party's product and sells that product under a name chosen by the wrongdoer.
www.lectlaw.com /files/inp28.htm   (4809 words)

  
 Protecting IP : Passing Off
Passing off is a common law right of action and provides a remedy to businesses who do not own registered trade marks but want to stop a third party from copying the "get up" of one of their products or services.
Even if you do own registered trade marks, it is usual for passing off to be pleaded in the alternative to trade mark infringement.
To bring an action for passing off, you need to show (i) that you have goodwill in the reputation of your goods and services; (ii) that your opponent has made a misrepresentation in the course of trade; and (iii) that your business has suffered consequential damage.
www.waterfrontpartnership.com /ip/p_passing_off.htm   (196 words)

  
 Lawdit Solicitors - Intellectual Property Solicitors. Southampton Free Legal Articles about Copyright Trade Marks Media ...   (Site not responding. Last check: 2007-11-03)
Passing off is a tort and can be described as the common law form of trade mark law.
It is simply more convenient for the purposes of analysis of a particular case to define passing off by reference to the elements required for such an action laid down in one or the other case.
That is why, in infringement cases, plaintiffs often add a claim of passing off as a second string of action.
www.lawdit.co.uk /reading_room/room/view_article.asp?name=../articles/TM4.htm   (508 words)

  
 passing off   (Site not responding. Last check: 2007-11-03)
This was accepted by the House of Lords in the case of Reckitt & Colman Ltd v Borden Inc; (1990) 17 IPR 1, in which the court said:
The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the plaintiff, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
Passing off is often used as a form of intellectual property enforcement, particularly for unregistered trade marks or against trade marks which are marginally different from registered trade marks.
www.yourencyclopedia.net /Passing_off.html   (639 words)

  
 Supreme Court Denies Cert in Copyright and Reverse Passing Off Case, 12/13/2004.
Silverstein filed a complaint in U.S. District Court (SDNY) against Penguin Putnam alleging copyright infringement, violation of Section 43(a) of the Lanham Act for reverse passing off, and violation of the laws of the state of New York regarding immoral trade practices and unfair competition.
Passing off occurs when a producer misrepresents his own goods or services as someone else's.
Reverse passing off occurs when a producer misrepresents someone else's goods or services as his own.
www.techlawjournal.com /topstories/2004/20041213.asp   (1163 words)

  
 Enterprise Rent-A-Car Co. v. Singer (T.D.)   (Site not responding. Last check: 2007-11-03)
The law of passing off is intended, therefore, to protect the goodwill which is attached to a trade-name or mark.
In an action for passing off, the plaintiff must prove three elements: 1) a requisite degree of goodwill or reputation, 2) a misrepresentation to the public by the defendant and 3) damage resulting from the misrepresentation.
The law of passing off, as it is expressed in paragraph 7(b), protects a trade-mark or name where there is attached to that mark or name, the requisite goodwill; this is in contrast to a registered trade-mark or name which is afforded protection by virtue of registration alone.
reports.fja.gc.ca /fc/1996/pub/v2/1996fca0111.html   (9064 words)

  
 Passing off and Domain names
The answer is that whilst the competitor can do this, the law generally takes this attempt to trade off the back of a competitor's reputation as evidence of bad faith and will look to remedy the situation by procuring the transfer of the domain name to the legitimate namesake.
A remedy is generally available either through the courts by initiating an action for "passing off" or via the dispute resolution mechanisms provided by the different Registries such as Nominet in the UK.
Bad faith and passing off are typically relatively easy to find in this sort of case.
www.weblaw.co.uk /typical_domain_name_disputes.php   (1000 words)

  
 Welcome to D. P. Ahuja&Co.- Indian Intellectual Property Law Firm   (Site not responding. Last check: 2007-11-03)
As the act of passing of is an act of deceit and tort every time when such tortuous act or deceit is committed by the defendant, the plaintiff gets a fresh cause of action to come to the court by appropriate proceedings.
Passing off alleged of Whirlpool Corp.'s trademark WHIRLPOOL - Registration of mark in India could not be renewed due to import restrictions - NR Dongre and Ors.
Thus on the question of passing off, the relative strength of the case appears to be in the defendant's favour.
www.dpahuja.com /pages/cases/trademark/sctmark_cases.asp   (9301 words)

  
 The UK Patent Office - Trade Marks - Protecting   (Site not responding. Last check: 2007-11-03)
Passing off is the use of an unregistered mark such that the third party using the mark passes off, or represents, the goods or services as their own.
You can take common-law action to prevent passing off, but there are a number of factors that you must consider before you can prove passing off.
It can be very difficult and expensive to prove passing off, so it would be to your advantage to register your mark.
www.patent.gov.uk /tm/indetail/protect.htm   (306 words)

  
 India - Reputation without use in Passing Off action
The plaintiff's arguments were limited to passing off, and the court rejected International Apparel's contention that Calvin Klein could not maintain such an action because they did not carry on business in India.
It held that the adoption of the disputed marks was deliberately made in a manner calculated to deceive purchasers and for the purpose of trading on the international reputation of Calvin Klein.
We consider this to be a significant decision, since it appears to recognize the concept of "reputation without use" and broadens the scope of passing off in India.
www.ladas.com /BULLETINS/1995/0495Bulletin/India_PassingOff.html   (383 words)

  
 010597
A cause of action in passing off arises where goodwill or reputation attaches to the plaintiff's goods by association with the brand, a misrepresentation by the defendant leads to confusion on the part of the public, and the misrepresentation causes or is likely to cause damage to the plaintiff.
For both passing off and trade mark infringement, the court has to satisfy itself as to whether there is any likelihood of confusion to the public in relation to the Puffin pack.
The court in a passing off case is not concerned with statistical precision.
www.walmartsurvivor.com /010597.html   (2118 words)

  
 Authors' Claims for Reverse Passing Off Under the Lanham Act after Dastar Corp. v. Twentieth Century Fox Film Corp.
Twentieth Century Fox Film Corp. [1] to preclude a Reverse Passing Off claim under Section 43(a) of the Lanham Act by an author for misattribution of the protected and copyrightable elements of the author's work.
Instead, a Reverse Passing Off claim is only sustainable where the defendant is marketing a work that is substantially similar to the protected and copyrightable elements of the plaintiff's work.
As this example evidences, interpreting Dastar as precluding any claim for Reverse Passing Off under Section 43(a) where the material is the proper subject matter for a copyright, even for the protected and copyrightable elements of the work, would create a confusing and contradictory result.
library.lp.findlaw.com /articles/file/00972/009498/title/Subject/topic/Intellectual%20Property_Copyrights/filename/intellectualproperty_2_4507   (1881 words)

  
 uklaw24 - Is Someone Passing Off as Your Business?
There are three main points that need to be met to qualify as passing off; these were stated by the House of Lords in the well known legal case of ‘Reckitt and Colman Ltd v Borden Inc’ (1990).
There has been a misrepresentation by the business that is accused of passing off which could lead customers to believe that they are really buying from you.
In a passing off case, the judge will use their discretion to look at how many potential names the business accused of passing off could have taken.
www.uklaw24.co.uk /passing-off.htm   (810 words)

  
 Passing Off:
Mars sought an injunction, claiming that Burgess was passing off its goods as those of or connected with Mars whether by causing actual confusion or alternatively dilution of Mars’ reputation in the WHISKAS get-up and packaging.
The case turned on two issues: who owned the goodwill, and whether the sales could constitute passing off given that the goods were the same as had always been offered under the name, with the only difference being that House of Darts was no longer involved.
These cases show that misrepresentation is alive and well as an essential ingredient of a successful passing off action, in all except the “class goodwill”; cases.
www.jenkins-ip.com /mym/spring2005/t_news10.htm   (1351 words)

  
 Passing off
The tort is known as "passing off" in the British Isles and most of the Commonwealth, "palming off" in the USA and unfair competition elsewhere.
The action of passing off is closely allied to the law of trade marks, the Trade Descriptions Act 1968 and Community legislation on the protection of geographical designations of origin.
Claims for passing off are usually brought at the same time as actions for infringement of a registered trade mark.
www.ipit-update.com /passingoff.htm   (797 words)

  
 Technology & Internet Solicitors look at protecting trade reputation - using passing off & the relationship with ...
The alternative way to protect a mark that is being used by a business, whether or not it is registered as a trade mark, is to employ the tort of passing off.
Hence, the essence of passing off is a misrepresentation to the public which is liable to lead them to believe that the goods or services offered by your rival are in fact yours.
And this is because the courts are prepared to extend passing off to those who merely threaten to sell domain names to others.
www.kaltons.co.uk /articles/198-4.cfm   (662 words)

  
 Personality Database
In both cases it was found that, for an action of passing off, a trader in course of trade has to mislead (potential) customers of the other party.
Thus in the Henderson case false endorsement in advertising was identified as one of the elements of passing off.
The case thus extended passing off to the stage where mere association with a character is sufficient for the action.
www.law.ed.ac.uk /ahrb/personality/auscases.asp   (2179 words)

  
 Solicitors: passing off and registered trade mark advice for commercial clients UK-wide from Bristol: Humphreys & Co.
Passing off - confusion - similar emblem used on pens - evidence of actual confusion not necessary
M sought to restrain S from passing off it pens as those of M or from infringing M's trademark.
S contended that before passing off could be established, evidence of actual confusion amongst the public needed to be produced.
www.humphreys.co.uk /articles/passing_off_2.htm   (159 words)

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