passing off,infringement
venkat reddy
(Querist) 08 September 2009
This query is : Resolved
what is the difference between passing off and infringement in related to intellectual propertiesriven
Guest
(Expert) 08 September 2009
Infringement & passing off are cover in Trademark cases.
In simple terms, Infringement is illegal use of any registered trademark or use of registered trademark without consent of the registered proprietor.
Passing off is a kind of Tort. It is a common law right which acquire by use of such mark for long & continuous time period. Passing off means to pass off any goods or services as of goods or services of actual proprietor of mark.
Basic supportive evidence for infringement is Registration of Trademark and evidence of illegal use. For passing off action, prove continuous and prior use of mark than others and evidence of wrongful act.riven
