Passing Off Claims Lawyers
Passing off occurs when another party misleads the public into believing their goods or services are connected to your brand or image. This can damage your reputation and cost you market share.
To successfully bring a passing off claim, there are three key requirements that must be established:
1. The business making the claim must have a reputation or ‘goodwill’ that is directly associated with the products or services.
2. There must have been a misrepresentation by the defendant that has led to the confusion.
3. The misrepresentation must have caused some damage to the goodwill or reputation relating to their products or services.
At Panoramix IP, we specialise in identifying and addressing passing off, collecting evidence to prove misrepresentation and likely damage. We assist with cease and desist letters, negotiations or formal legal action, depending on the severity of the case.
Swift intervention often resolves disputes before they escalate, protecting your reputation and market standing with customers. Our global perspective and local know-how help you tackle passing off wherever it arises.
Trust Panoramix IP to defend your brand identity and maintain public confidence. Contact us today to find out how we can help.
Client Testimonials
FAQs
What is passing off?
Passing off is a legal claim that protects unregistered brands and goodwill. It stops a business misrepresenting its goods or services as connected with yours – for example by copying your name, get-up or packaging in a way that misleads customers. It’s the main way to protect a brand you haven’t registered as a trade mark.
What do I have to prove in a passing off claim?
Three things (the ‘classic trinity’): that you have goodwill or reputation in your brand; that the other party has made a misrepresentation likely to confuse the public; and that this causes, or is likely to cause, you damage. It’s more evidence-heavy than enforcing a registered trade mark. We assess whether you have the elements before you act.
What's the difference between passing off and trade mark infringement?
Trade mark infringement relies on a registered trade mark and is generally easier to prove. Passing off protects unregistered rights but requires you to establish goodwill, misrepresentation and damage. The two often run together. The practical lesson is that registering key marks makes enforcement much simpler – but passing off is a valuable fallback.
Can I claim passing off without a registered trade mark?
Yes – that’s precisely what passing off is for. If you’ve built up goodwill in a name, look or brand and someone is trading off it, you may have a claim even without a registration. It’s harder work than enforcing a registered mark, so we’ll assess the evidence and, in most cases, also recommend registering going forward.
