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Passing Off Claims
We offer expert view on identifying and resolving passing off claims.
Passing off Solicitors
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 passing off 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.
Passing Off Contents
Passing Off Team
Talha Fazlani
LawyerTalha specialises in intellectual property and commercial disputes and holds a PG Certificate in Intellectual Property. He assists clients with assessing passing off claims, protecting goodwill and reputation, and pursuing or defending passing off disputes. He supports businesses in protecting their brands, products and commercial interests.Lana James
ParalegalLana supports clients with intellectual property and passing off matters. She assists with legal research, document preparation and gathering information for claims and disputes. She helps ensure matters progress efficiently and clients receive appropriate support throughout their legal matter.
Passing Off Fees
Service
Fees
VAT
Total
Passing Off Claim & Letter
From £1,200
£240
From £1,440
Passing Off Matter
From £300 per hour
£60
From £360 per hour
Common Passing Off Questions
- What is passing off, and what are the criteria to make a claim?
Passing off occurs when one party misrepresents its goods or services as those of another, causing damage to the original business’s goodwill. The criteria, based on the case of Reckitt & Colman Products Ltd v Borden Inc, are as follows:
- Goodwill must exist in the business or product being misrepresented.
- Misrepresentation by the defendant must likely deceive the public.
- Damage must result from the misrepresentation.
- What is reverse passing off, and how does it differ from standard passing off?
Reverse passing off occurs when a party misrepresents another business’s goods or services as its own. Unlike standard passing off, which involves passing off one’s goods as someone else’s, reverse passing off deceives by erasing the original source of the goods.
- What is the threshold for making a passing off claim?
To succeed, a claimant must establish strong evidence of goodwill associated with the brand or product. Additionally, they must prove that the misrepresentation is likely to cause consumer confusion and leads to damage, whether financial or reputational.
- Do I need to show that customers were actually deceived to win a passing off claim?
Not necessarily. While evidence of actual deception strengthens your case, it’s sufficient to demonstrate a genuine likelihood of confusion or misunderstanding caused by the misrepresentation.
- How can Freeman Harris help with a passing off claim?
Our team can assess the strength of your passing off claim, advise you on whether the criteria for passing off are met, and guide you through the legal process.
We’ll work efficiently to protect your business’s reputation and goodwill, providing expert legal representation for passing off at every step.
Contact our Passing Off Solicitors Team
If you would like to discuss how we can help, please complete the form, and we will be in touch.
A little about you and what you need will help us with our response.
A little about you and what you need will help us with our response.