Subject Matter Index

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Meaning of passing off

On whom lies the burden of roving that there is likely to be confusion between the Plaintiff’s establishment and the Defendant’s business

The basis of a passing off action

The characteristics which must be present in order to create a valid cause of action for passing off

The nature of the tort of passing off

The property protected in an action for passing off

The test of confusion

What a claimant must establish to prove the tort of passing off

When an action for passing off will lie

Whether an action for passing off can be maintained without proof of actual damage

Whether evidence of confusion alone constitutes passing off

Whether it is necessary to prove that there was any intention to deceive or that that deception has actually taken place in a passing off action

Whether the mere fact that the Defendant adopts a name containing the same descriptive words will not establish any case of passing off where a Claimant’s name is descriptive of its business

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