Passing Off Under Unfair Competition Actions

Passing off or “palming off” is one of the oldest theories under unfair competition. Passing off can have a significant effect in unfair business practices and allow another to ride on the coattails and the reputation and goodwill of another company. However it is not necessary to prove that there is an intent to deceive which guarantees that innocent passing off is actionable.

The following questions have been addressed in this article:

How do trademark infringement and passing off relate?
What are the differences in the litigation of a case for trademark infringement or a passing off?
How was passing off occurred in the scheme of the Internet?


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