Tort Law Episode 24: Passing Off
Description
In this episode, we explore the tort of passing off, a legal tool designed to protect businesses from unfair competition by preventing others from misleading consumers about the origin of goods or services. We’ll break down the three essential elements to establish a claim: the existence of goodwill or reputation, misrepresentation causing consumer confusion, and damage to the business. We’ll discuss key cases from Ireland and England, examining how goodwill is protected, the types of misrepresentation that can arise, and the damages that can be claimed. Lastly, we’ll explain how interlocutory injunctions can be used to halt passing off activities before a full trial. Tune in for a detailed guide to this crucial area of commercial law!
United States
