A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Question

Quizplus · Accepted Answer

A passing-off action is a common law remedy used to enforce unregistered trademark rights. It prevents a person from misrepresenting their goods or services as those of another, protecting the goodwill of a business, regardless of whether a trademark is registered or not.

A "Passing-Off Action" Prevents a Person from Misleading the Public