Torts

The Civil Wrong of “Passing-off”, within the Common Law context

“Passing-off” is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another. The concept of passing off has undergone changes in the course of time. At first it was restricted to the representation of one person’s goods as those of another. Later it was extended to business and services. Subsequently it was further extended to professions and non-trading activities. READ MORE