Question

Which elements are necessary for a successful action for passing-off involving an unregistered trademark?

• A. The passing-off action is successful only when the registered trademark targets/misrepresents customers about the products or services of a competitor, causing harm to the goodwill of the competitor and is likely to confuse the consumers.
• B. The passing-off action is successful when an unregistered trademark targets/misrepresents customers about the products or services of a competitor, causing harm to the goodwill of the competitor and is likely to confuse the consumers.
• C. The passing-off action is successful only when an unregistered trademark is a well-known trademark notified by the relevant authority, which targets/misrepresents customers about the products or services of a competitor and causing harm to the goodwill of the competitor and is likely to confuse the consumers.
• D. The trademark must be unregistered, causing harm to the goodwill of the competitor, misrepresents the source, but is not likely to confuse consumers as to its true place of origin.

Hint:

Passing-off actions require misrepresentation that leads to consumer confusion and harms a competitor’s goodwill.

Answer 1

The Correct Option is B

For passing-off actions involving unregistered trademarks, the core elements include misrepresentation that causes harm to a competitor’s goodwill and likely consumer confusion.