Difference Between passing off and infringement

Question

Accepted Answer

Passing off involves misrepresentation of goods or services, while infringement involves unauthorized use of a registered trademark.

Passing off is a common law tort where a person misrepresents their goods or services as being the goods or services of another.
Infringement occurs when someone uses a trademark that is identical or similar to a registered trademark without authorization.
Passing off does not require registration of the trademark, while infringement involves a registered trademark.
Passing off focuses on the potential for confusion among consumers, while infringement focuses on the unauthorized use of a registered trademark.
Example of passing off: A company selling fake Rolex watches and claiming they are authentic Rolex watches.
Example of infringement: A company using the Nike swoosh logo on their products without permission.

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