In Canada, passing off is both a common law tort and a statutory cause of action under the Canadian Trade-marks Act referring to the deceptive representation or marketing of goods or services by competitors in a manner that confuses consumers. The law of passing off protects the goodwill of businesses by preventing competitors from passing off their goods as those of another.
The protection afforded by the law of passing off protects only the association between a product and its producer and not to the product itself - primarily, it protects a producer's investment in making a product or service distinguishable in the marketplace through the use of distinctive features such as marks, letters, advertising material or slogans, colours, and sounds.
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InCanada, passingoff is both a common law tort and a statutory cause of action under the Canadian Trade-marks Act referring to the deceptive representation...
trademark under the Act or can alternately be protected by a common law action inpassingoff. A trademark is only protected to the extent that it is used by...
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service. In many countries, well-known unregistered trademarks may be protected by a common lawpassingoff tort which prevents traders from passingoff their...
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against both defendants damages for passingoff and for wrongful appropriation of the plaintiff's personality; and, in the alternative, compensation for...
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activity on which to found an action inpassingoff. The Ontario Court of Appeal found for the defendants on the passingoff claim, by maintaining the need...
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