Actions in passing off have traditionally concerned the use by the defendant of the name, mark or 'get-up' used by the claimant to denote a product or business. Over time, however, the cause of action has been extended to include the use by a defendant of other branding or marketing techniques of the claimant, such as slogans or visual images from advertisements.
Passing off does not give the owner of the goodwill a monopoly in the mark or get-up; it protects the trader’s business against what might in broad terms be called a certain type of "unfair competition". There is no statutory cause of action for passing off; in other words, it has developed through case law and therefore is not a simple matter.
We have successfully acted in cases for passing off and will be pleased to discuss this area of law with you.
Judges Protect Valuable Watch Brand in Passing Off Ruling22/08/2012
The Court of Appeal has granted protection to the well-known ‘Henley’ brand of watches after ruling that the marketing of confusingly similar more »
Judge Slams ‘Flagrant’ Infringement of Cigarette Bin Designs20/08/2012
A small family company has triumphed in its High Court fight to protect its valuable designs for outside cigarette bins from a multinational more »