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What is Passing Off? 

You can still protect your mark even if it is not a registered trademark.  This is through the common law action of “passing off”.  The underlying principle behind this action is that “a man is not to sell his goods under the pretence that they are the goods of another man”. 

In order to succeed in a claim for passing off, a claimant must prove:

  • Its goods or services have goodwill attached to them i.e. they have a particular image and reputation attached to them which enable the public to easily recognise those particular goods or services;
  • There has been a misrepresentation to the public (which does not have to be intentional) which would lead, or is likely to lead, the public into believing that the goods or services on offer are those belonging to the claimant; and
  • There has been damage caused to the goodwill or reputation of the claimant.

What Remedies are Available for Passing Off? 

There are several remedies available when a claim of passing off has been successfully established:

  • An interim injunction can be obtained before a full trial which prevents the defendant from continuing to “pass off” their goods or services;
  • Delivery up and/or disposal of the infringing goods;
  • Damages for loss of sales or damage to goodwill;
  • An account of profits which provides for the defendant to pay to the claimant a proportion of the profits it made as a result of the infringement; and

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Our Approach

Intellectual property proceedings such as passing off claims can be technical and complicated and are dealt with by specialist Courts in England and Wales.  At Myerson, we can provide you with swift advice whether you are bringing or defending a claim.

Myerson are members of the Intellectual Property Lawyers Association (IPLA).  The IPLA is an association of approximately 66 law firms who have an established intellectual property department.  The fact we are a member of the IPLA demonstrates that we have extensive and detailed experience in the conduct of IP disputes in the UK.  One of the main objectives of the IPLA is to lobby for improvements to IP law and practice for the benefit of those who hold IP rights.

Myerson are a nationally recognised law firm with a large team of intellectual property solicitors.  Our intellectual property team is ranked by the prestigious Legal 500 law firm directory.  Therefore, you can be assured that you will receive the best quality advice and service offering.

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Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

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To always give you clear, jargon-free advice.
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To be completely transparent about our fees from the outset.
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Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

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We are always professional but ensure that we are friendly and approachable.
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We are determined and enthusiastic about supporting our clients and our people.
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We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Our Experience

Breach of Trademark 

We act for a New York based pastry house which invented the CRONUTS products which are sold worldwide.  We represent our client’s interests in the UK and Europe and are retained to enforce the client’s international trade mark.  Our work requires us to trace and stop manufacturers and generally assist the client in policing its IP rights on a day to day basis. 

Contact Us

Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

.
To always give you clear, jargon-free advice.
.
To be completely transparent about our fees from the outset.
.
Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

.
We are always professional but ensure that we are friendly and approachable.
.
We are determined and enthusiastic about supporting our clients and our people.
.
We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Jonathan Hassall

Jonathan Hassall

Jonathan is a Partner in our Commercial Litigation department

Carla Murray

Carla Murray

Carla is a Partner in our Corporate Commercial department

Vicky Biggs

Vicky Biggs

Vicky is a Senior Solicitor in our Commercial Litigation department

Philip Ball

Philip Ball

Philip is a Senior Solicitor in our Corporate Commercial department

Testimonials