Passing Off Guidance Notes

These Passing Off Guidance Notes explain how passing off can protect business names, logos, trade dress and get-up, particularly where those names or logos have not been registered as trade marks.

Passing off is a common law tort and can be a useful tool for protecting goodwill in a business. The guidance is designed to give businesses a clearer understanding of when passing off may arise and how to avoid inadvertently creating a passing off risk.

Understanding the “classic trinity” of passing off

The notes explain the three core ingredients of passing off:

• goodwill;
• misrepresentation; and
• damage.

The guidance covers goodwill in names, logos and get-up, how goodwill is built up, location and ownership issues, and how misrepresentation and damage are assessed.

Practical guidance on passing off claims and risk

The notes also address practical issues including evidence, timing, descriptive words, whether misrepresentation must be deliberate, and whether there must be a common field of activity.

The guidance is not a substitute for legal advice, but is intended to help businesses understand what to expect where passing off may be relevant, whether bringing a claim or avoiding one.

Passing Off Guidance Notes is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.