A passing off action is brought under common law rights. You may bring a passing off action if you do not have a registered trade mark and/or wish to pursue passing off as well as trade mark infringement against a third party. You may find yourself having to defend a claim for passing off.

 Our trade mark lawyers are highly experienced in pursing and/or defending such actions in the courts, as well as negotiating successful settlements on behalf of our clients.

 As soon as you become aware of a third party using a confusingly similar name, logo or brand to yours and/or selling or offering for sale products bearing your name or logo, please contact us immediately. Equally, contact us if you receive a letter alleging that you are passing off.

There are certain elements that you will have to prove in court in order to succeed in pursuing/defending an action for passing off:-

If you are pursuing a passing off action, in order to succeed in a pssing off action you will have to show:-

• That you have acquired a reputation and goodwill in your name, product, logo or business;
• That there is confusion on the part of the public between your name, product, logo or business and the other name, product, brand or logo of your competitor;
• Misrepresentation on the part of the other party in relation to the public (whether or not it was intentional misrepresentation) leading or being likely to lead to damage likely to be suffered due to the public's erroneous belief that the third party's name, brand, product pr logo is yours or orginates from your business.

If you require our assistance to commence a passing off acion or to defend such an action, please contact us at  enquiries@rtcooperssolicitors.com

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For further information on intellectual property law at RT Coopers Solicitors, visit http://www.rtcoopers.com/practice_intellectualproperty.php