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Legislating the Tort of Passing Off: Supplementing the Common Law Right of Protecting Proprietary Interest- Some Proposals for Reform.
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Legislating the Tort of Passing Off: Supplementing the Common Law Right of Protecting Proprietary Interest- Some Proposals for Reform Submitted to: Kathleen-Moore-Walsh Submitted from: Elaine Lonergan Word count: 2750 "The legal principles affecting an action for 'passing off' are well established. To establish merchandise in such a manner as to mislead the public into believing that it is the merchandise or product of another, is actionable. It injures the complaining party's right of property in his business and injures the goodwill of his business. A person who passes off the goods of another acquires to some extent, the benefit of the business reputation of the rival trader and gets the advantage of his advertising". 1 INTRODUCTION Passing off is a common law tort that was established to protect the proprietary interests of an aggrieved plaintiff in consideration of the goodwill of his business. While much of the caselaw in this regard, relates to product merchandise2, it...
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