To establish passing off, which of the following must the proprietor establish? 1. Goodwill 2. Misrepresentation 3. Likelihood of damage
Question and options
To establish passing off, which of the following must the proprietor establish?
1. Goodwill
2. Misrepresentation
3. Likelihood of damage
1. Goodwill
2. Misrepresentation
3. Likelihood of damage
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer and explanation
Correct answer: D - 1, 2 and 3
The classical trinity for passing off requires goodwill/reputation, misrepresentation by the defendant, and (likelihood of) damage. All three must be established, so the answer is 1, 2 and 3.
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