ExpertMedium2 marksMultiple Choice
ACCA · Question 22 · The law of obligations
Section A
Which of the following statements regarding the tort of passing off is correct?
Section A
Which of the following statements regarding the tort of passing off is correct?
Answer options:
A.
Passing off only applies to registered trademarks.
B.
The claimant must prove goodwill, misrepresentation by the defendant, and damage to the claimant's goodwill.
C.
The defendant must have intentionally set out to deceive the public.
D.
Passing off is a criminal offence punishable by a fine.
How to approach this question
Recall the 'classic trinity' established in the Jif Lemon case for the tort of passing off.
Full Answer
B.The claimant must prove goodwill, misrepresentation by the defendant, and damage to the claimant's goodwill.✓ Correct
To succeed in an action for passing off, the claimant must establish the 'classic trinity' (Reckitt & Colman v Borden): 1) Goodwill or reputation attached to the goods/services; 2) A misrepresentation by the defendant to the public (intentional or not); 3) Damage suffered by the claimant as a result.
Common mistakes
Confusing passing off with registered trademark infringement or assuming intent is required.
Practice the full ACCA LW — Corporate and Business Law Practice Exam 6
60 questions · hints · full answers · grading
More questions from this exam
Q01Section A
In the context of the English legal system, which of the following statements accurate...MediumQ02Section A
Which of the following courts binds the High Court but is NOT bound by its own previou...MediumQ03Section A
In the context of the law of contract, which TWO of the following statements regarding...MediumQ04Section A
Zephyr Ltd, a wind turbine manufacturer, promises to pay a £5,000 bonus to an independ...HardQ05Section A
In the tort of negligence, which of the following best describes the 'Caparo test' for...Medium