Passing Off Claims - Trade Marks And Trade Names

"... the proposition that nobody has any right to represent his goods as the goods of somebody else. It is also sometimes stated in the proposition that nobody has the right to pass off his goods as the goods of somebody else. I prefer the former statement, for whatever doubts may be suggested in the earlier authorities, it has long been settled that actual passing off of the defendant's[*376] goods for the plaintiff 's need not be proved as a condition precedent to relief in equity either by way of an injunction or an inquiry as to profits or damages; Edelsten v. Edelsten and Iron-Ox Remedy Go. Ltd. v. Co-operative Wholesale Society, Ltd. Nor need the representation be