(Reklam) The name given to a legal action brought to protect the "reputation" of a particular trademark/brand/get up. In essence, the action is designed to prevent others from trading on the reputation/goodwill of an existing trademark/brand/get up. The action is only available in those countries that recognize unregistered trademark rights (for example the UK and US). In some countries, it is called "unfair competition action."
passing off is yet another of those civil wrongs known as a tort A passing off occurs if a person makes goods or services look as they are connected with someone else, who will in most cases be better known In other words it is an attempt to profit from the established reputation of another Often where there is a passing off there is also a Trade Mark infringement, as when, for example, someone sells the clothes which they have made with a more famous label attached to them
When someone imitates another person's trade name or logo, or other features of his goods, and pretends they are his own
Passing off usually applies when another person seeks "to infer that his/ her products are somehow connected to your products, essentially 'cashing in' on the good will and reputation that your products may enjoy in the marketplace" (www piperpat co nz/resource/ipinfo html) Adapting and re- writing someone else's work can constitute passing off if the owner of the i p feels it constitutes damage to their commercial interests or reputation Simply, if they originated those materials, it is their prerogative to change or adapt them, not yours
cause to be circulated and accepted in a false character or identity; "She passed the glass off as diamonds"; "He passed himself off as a secret agent"