The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of another (Plaintiff) by imitating the latter’s “get-up”, or look and feel of their product or service.[1] A passing off action is designed to provide a remedy when this situation results in damage to the Plaintiff’s business reputation. It is usually pleaded as an alternative cause of action to misleading and deceptive conduct pursuant to the Australian Consumer Law, contained inside schedule 2 of the Competition and Consumer Act 2010 (Cth). [Read more…]
pubsquash
The tort of passing off
27 November 2020 by Dundas Lawyers
Filed Under: Competition law, Intellectual Property, Legal Articles, Litigation, Litigation & Disputes, Litigation and disputes Tagged With: Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd, competition law, intellectual property, misrepresentation, Natural waters of Viti Limited v Dayals (Fiji) Artesian Waters Ltd, Passing off, pubsquash, the tort of passing off, trademark infringement, Urban Alley Brewery v La Sirene\
