Passing Off
/ˈpæsɪŋ ɔːf/
Definitions
- (n.) A common law tort used to enforce unregistered trademark rights by preventing misrepresentation that causes damage to goodwill.
The company sued for passing off when a rival sold products with a confusingly similar brand name.
Related terms
Commentary
Passing off requires proving goodwill, misrepresentation, and damage; precise descriptions of goodwill and misrepresentation reduce litigation risks.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.