Which of the following statements about 'passing off' is NOT correct?
A)Passing off will not be available if a trade mark is registered.
B)The tort of passing off is designed to protect the reputation or goodwill of a business.
C)Passing off will not be available if the business has not acquired a relevant reputation or goodwill.
D)Passing off arises when a person attempts to 'pass off' or pretend that their goods are those of another person.

Question

Quizplus · Accepted Answer

This statement is incorrect because passing off can still be available even if a trade mark is registered. Passing off protects unregistered trade marks and the goodwill associated with them.

Which of the Following Statements About 'Passing Off' Is NOT