Chapter

Passing Off

Hazel Carty

in An Analysis of the Economic Torts

Second edition

Published in print November 2010 | ISBN: 9780199546749
Published online January 2011 | e-ISBN: 9780191594946 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199546749.003.0011
Passing Off

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This chapter explores the history and ingredients of this misrepresentation economic tort. Part of its importance is as a parallel action to the statutory protection of trademarks, but it is shown this tort has an importance of its own as a tort protecting against commercial misrepresentations. Though the classic trinity of misrepresentation, goodwill, and harm is still the basis of this tort, all three ingredients have been expanded by claimants particularly in relation to advertising or promotional activities. The rationale of this tort is explored, comparing the traditional focus on deserving claimants and consumer information with the modern quest for protection against commercial misdescription or more generally misappropriation and unfair competition.

Keywords: unfair competition; misrepresentation; trademarks; classic trinity; goodwill; advertising; misappropriation

Chapter.  32888 words. 

Subjects: Intellectual Property Law

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