Client Testimonials
"For us, solicitors have to be innovative, be able to deliver on time, within budget and most importantly provide a quick turn around when needed. I am pleased to say that Ikonami has been using Waterfront... since 2006 and in them we have a legal partner we can rely on to watch our corner time and time again."
Kubair A Shirazee, CEO, Ikonami Ltd
Passing Off
Passing off is a common law right of action and provides a remedy to businesses who do not own registered trade marks but want to stop a third party from copying the "get up" of one of their products or services.
Even if you do own registered trade marks, it is usual for passing off to be pleaded in the alternative to trade mark infringement.
To bring an action for passing off, you need to show that (i) that you have goodwill in the reputation of your goods and services; (ii) your opponent has made a misrepresentation in the course of trade; and (iii) your business has suffered consequential damage.
These three elements are usually demonstrated by (amongst other things) presenting survey evidence to the Court. Collecting, processing and presenting survey evidence is very time consuming and, consequently, passing off actions are generally more costly to litigate than trade marks infringement actions.
Accordingly, if there is a risk that third parties could copy your "get-up" and this would pose a significant threat to your business, we strongly recommend that you apply for registered trade marks, to give you stronger and clear rights of action and legal protection.