Passing off solicitors
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Contact our teamProtecting the distinct identity of your brand is crucial in today’s competitive commercial landscape.
At Moore Barlow, our experienced passing off solicitors provide practical legal solutions to businesses facing unauthorised use of their brand, reputation or goodwill by others. If someone is imitating your business without your permission, it’s essential to act quickly and strategically.
Our intellectual property team works with a wide range of businesses, from entrepreneurs and start-ups to established SMEs and large corporations. Whether you’re facing reputational damage from a competitor’s conduct or wish to take preventative legal measures, we’re here to support and guide you throughout the process.
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What is passing off?
Passing off is a common law right used to enforce unregistered trade mark rights. It occurs when one business misrepresents its goods or services as those of another, resulting in damage to the goodwill of the original brand. This misrepresentation can lead to consumer confusion and loss of business for the rightful brand owner.
To successfully bring a claim for passing off, you must demonstrate three key elements:
- Goodwill or reputation attached to your goods or services
- A misrepresentation by another party that leads or is likely to lead the public to believe their goods or services are yours
- Damage caused to your business as a result of this misrepresentation
Passing off claims can arise in a variety of contexts, including use of a similar business name, logo, packaging, domain name, or even advertising style. These cases can be complex and fact-specific, which is why instructing experienced legal advisors is essential to build a successful claim or defence.
How we can help
At Moore Barlow, our passing off solicitors offer a comprehensive legal service tailored to your specific circumstances. We provide clear, strategic advice whether you are:
- Seeking to enforce your rights against a party infringing your brand
- The subject of an allegation of passing off and need to defend your position
- Looking to prevent future disputes through brand protection and due diligence
Our services cover the full spectrum of advisory and litigation support, including:
- Brand audits and risk assessments
- Sending or responding to cease and desist letters
- Negotiating settlements or undertakings
- Injunctions and court proceedings
- Protection of domain names and digital assets
We can also work alongside your commercial and marketing colleagues to help you avoid future legal pitfalls through robust brand strategies and compliance planning.
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Why choose us?
Moore Barlow is a leading law firm with a strong regional presence and national reach. We are recognised for our expertise in intellectual property law and are ranked in leading legal directories such as Legal 500 and Chambers UK.
What sets us apart is our client-centric approach. We take the time to understand your business, your brand and your commercial objectives. Our advice is always provided in plain English, with a focus on achieving results efficiently and cost-effectively. We pride ourselves on building long-term relationships with clients across sectors such as technology, retail, healthcare, media, and finance.
With offices in London, Southampton, Guildford, Lymington, Richmond and Woking, our IP solicitors are accessible and responsive, offering the flexibility of both in-person and remote appointments.
Contact us
If you believe your brand is being misused or you’re concerned about a potential passing off claim, speak to our specialist solicitors today. We offer an initial consultation to assess your situation and advise on the most effective way forward.
Get in touch with our intellectual property team by calling 01489 864100 or by completing our contact form. We’ll ensure you speak directly to a solicitor with relevant experience as soon as possible.
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Frequently asked questions
Can I bring a passing off claim without a registered trade mark?
Yes. Unlike trade mark infringement, a passing off claim does not require a registered trade mark. You do, however, need to demonstrate that your brand has acquired goodwill (a reputation) in the marketplace and that the other party’s actions are misleading consumers and causing damage.
What is the difference between passing off and trade mark infringement?
Trade mark infringement involves the unauthorised use of a registered trade mark and is a statutory claim under the Trade Marks Act 1994. Passing off, on the other hand, is a common law remedy that applies to unregistered rights and focuses on misrepresentation, goodwill and damage.
How long does a passing off claim take?
The timeline can vary depending on the complexity of the case and whether it can be resolved outside of court. Some disputes are settled quickly through negotiations, while others may take several months or longer if litigation is necessary.
What remedies are available in a passing off case?
Remedies can include injunctions to prevent further misrepresentation, damages or an account of profits, corrective advertising and delivery up or destruction of infringing materials.
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