| 释义 |
passing off
Conducting one’s business in such a way as to mislead the public into thinking that one’s goods or services are those of another business. The commonest form of passing off is marketing goods with a design, packaging, or trade name that is very similar to that of someone else’s goods. It is not necessary to prove an intention to deceive: innocent passing off is actionable. A claimant must show that there was a misrepresentation with regard to goods or services by the defendant and that this resulted in damage to goodwill owned by the claimant (or a likelihood of such damage). Loss of reputation in the trade has been recognized as a head of damage to goodwill. See also counterfeiting. |