26 April 2023

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What is passing off? In its simplest form, passing off is when a business misleads customers (whether intentionally or unintentionally) into believing their goods or services were actually those of another business so as to benefit from the reputation another business enjoys.

A less familiar form of intellectual property (IP) right, passing off right applies to protect unregistered rights associated with a particular business, its goods or services. A very valuable asset for brand owners, this right protects 'goodwill' of an owner and protects a brand's value.

In this IP Basics podcast episode, Lucy Singer, in our IP team, will provide you with a summary of the law of passing off, the different forms of passing off, how to prove it and how to best leverage on this unregistered right.

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