High Court Monitors Reverse Passing Off

In determining an application for an interim injunction between two companies involved with internet monitoring software, the High Court has considered the law of reverse passing off, which involves a third party implying that the goods/services of a better known competitor are their own, thereby benefiting from the goodwill attaching to the Claimant’s products and services.

On the facts, only a limited injunction was granted, but the case provides a useful review of the applicable law in this rare form of passing off.

For the full article on the case of ScanSafe Limited v MessageLabs Limited, and Star Technology Services Limited v ScanSafe Limited (Ch. D.) please see below:

Full Article