Below is an excerpt from John
McKeown's April 2015 Mailer where he discusses protecting
product advertising.
Passing-Off
An action for passing-off can be brought concerning
inappropriate product advertising. The essence of a passing-off
action is a misrepresentation and resultant confusion in the minds
of the public which causes or is likely to cause damage to the
plaintiff. The foundation of such an action is the existence of a
property right in the goodwill and reputation associated with a
trade name or business.
The Elements Required to be Shown
Three elements must be shown in order to succeed. First, the
plaintiff must establish the existence of goodwill in a particular
trading indicia, whether a trade mark, trade name or other
distinguishing feature, which indicates to the relevant public that
the goods or services offered for sale in association with that
indicia originate from, or are associated with, the plaintiff. In
this way plaintiff's trade dress
