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Passing Off - Intellectual Property Law

Passing off protects against others using a mark, packing, phrase or image in an attempt to pass off another party’s goods or services as if they are their own, sometimes causing financial and or reputational damage to the original rights owner. This requires a reputation to have been built up in the product and there has to be misrepresentation that leads to confusion with resulting damages.

Click here to read about a possible passing off claim that Nando’s could pursue against Fernando’s in their trademark dispute.


Return to intellectual property law glossary here.