Passing off

This tort protects the goodwill, reputation and profits of a business.

The tort of passing off arises where one business uses a name which is similar to that of an existing business, and:

• it misleads persons into believing that they are the same business, and
• it causes actual damage to that business or will probably do so.

If passing off is proved, the court may restrain the business from trading under that name and order that damages be paid to the person whose business has suffered loss.

If a company feels than another company has a name which is too similar to its own, it may object to the Company Names Adjudicator under the Companies Act 06. The Adjudicator will consider the case and then make their decision. In most cases the Adjudicator will require a name change, and in some cases the Adjudicator may state the new company name.

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Tags:	Passing off;tort