What is a distinguishing characteristic of the tort of passing off?

Question

Quizplus · Accepted Answer

Passing off requires that the plaintiff's goods or services have acquired goodwill or reputation in the market, which the defendant is alleged to misrepresent as their own. This misrepresentation leads the public to believe that the defendant's goods or services are the plaintiff's. Unlike some other torts, passing off does not require the plaintiff to have a registered trademark, nor does it hinge on the defendant's intent or strict liability principles.

What Is a Distinguishing Characteristic of the Tort of Passing