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An Analysis of the Economic Torts$
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Hazel Carty

Print publication date: 2010

Print ISBN-13: 9780199546749

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199546749.001.0001

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Passing Off

Passing Off

(p.225) 11 Passing Off
An Analysis of the Economic Torts

Hazel Carty

Oxford University Press

This chapter explores the history and ingredients of this misrepresentation economic tort. Part of its importance is as a parallel action to the statutory protection of trademarks, but it is shown this tort has an importance of its own as a tort protecting against commercial misrepresentations. Though the classic trinity of misrepresentation, goodwill, and harm is still the basis of this tort, all three ingredients have been expanded by claimants particularly in relation to advertising or promotional activities. The rationale of this tort is explored, comparing the traditional focus on deserving claimants and consumer information with the modern quest for protection against commercial misdescription or more generally misappropriation and unfair competition.

Keywords:   unfair competition, misrepresentation, trademarks, classic trinity, goodwill, advertising, misappropriation

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