Ken is using a domain name confusingly similar to one previously used by Sally. Sally intends to sue Ken. Sally would be most likely to succeed in an action for:

Question

Quizplus · Accepted Answer

Passing off occurs when a person or business uses a name or mark that is confusingly similar to that of another person or business, with the intention of deceiving the public into believing that their goods or services are those of the other person or business. In this case, Ken is using a domain name that is confusingly similar to one previously used by Sally, with the intention of deceiving the public into believing that his website is associated with Sally's business. Therefore, Sally would be most likely to succeed in an action for passing off.

Ken Is Using a Domain Name Confusingly Similar to One