Passing Off Claims

Our Passing Off Claim Fees | Passing Off FAQs

Passing off provides legal rights to stop another party from misrepresenting their goods or services as being of another. In simple terms, if another company were to use identical branding, visualisation or packaging that it could deceive the public, a claim for passing off can be made.

A claim for passing off can be made by itself and with a claim for trademark or design infringement. However, a claim for passing off can only be made if the following three elements can be established.

• Your goods or services have acquired goodwill or reputation in the marketplace, and are known for distinguishable features;
• another party has misrepresented their good or services as with your goods and services confusing buyers; and
• damage has been caused or is likely to be caused as a result of this passing off.

If another business has created a copycat brand, product or service, you might feel dejected, however, you have rights available, which will allow you to enforce your rights and stop another party from misrepresentation.

How can Freeman Harris’s Copyright Lawyers help you with your passing off claims? 

We take a very smart approach to passing off claims. Our work is focussed on identifying if you have a claim for passing off, which is done at a very cost effective rate. We want to make sure you have a valid claim before progressing further.

Recent Copyright Work 

• Acted on behalf of a fashion label to bring a claim for passing off against a previous employer and now independent designer.
• Advised a well known niche home wear producer about a claim for passing off.
• Defended a claim of passing off for a well known online learning company.

If you have a passing off claims or would like us to provide advice on passing off, please contact us, and we will outline the service we can offer, and the associated costs.