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 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. 

You can find this episode and the accompanying transcript on our website: https://gowlg.co/3AAg5E8

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