Tag: passing off
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Passing Off-Court of Appeal Confirms Test in Galway Free Range Eggs Case
When it comes the economic tort of passing off there is an accepted 3 part test which a Plaintiff needs to pass in order to win an intellectual property case involving passing off. The test is as follows: you must prove Goodwill or reputation in a product Misrepresentation by someone which may lead to confusion…
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Passing Off, Counterfeit Goods and Confidential Information-The Essentials
“Passing off” is a common law tort. (A tort is a civil wrong which can be remedied in the Courts). It generally involves the making of a misrepresentation and there are 5 characteristics of “passing off”. 1. A misrepresentation 2. Made by a trader in the course of trade 3. To prospective customers 4. Which is…