What is misrepresentation in passing off?

two goldfish - one has more stuff inside the bowl than the other

In a claim of passing off the claimant must prove a misrepresentation by the defendant to the public, which has led or is likely to lead the public, into believing that the goods or services offered by the defendant are the goods or services of the claimant. The public do not need to know the […]

What is passing off?

pug with a suit on and shades

Passing off is a tort which is an actionable civil wrong. It is committed when someone sells goods or services which mislead potential or actual customers into thinking that those goods or services are provided by another. Passing off is an attempt to capitalise on another person’s goodwill and reputation, as well as stealing trade […]

Cybercrime

As cybercrime is such a broad area that can be linked to traditional crimes, as well as computer only crimes, there is no consistent definition of cybercrime. However, it has been stated that computers need to be either the target or the tool of the crime for it to be considered a cybercrime. Cybercrime tends […]

Cyber-dependant crime

woman holding her phone - browsing through personal data

Cyber-dependant crimes can only be committed using a computer and in these offences, technology is usually also the target. This can be as simple as unauthorised access to a computer by logging into a system without permission, or as sophisticated as hackers gaining remote access. Fraudulent emails asking for personal and security information known as […]

What is a trade mark?

Orange background, blue icon representing copyright

Trade marks are governed by the Trade Marks Act 1994. Section 1 of the Act defines trade marks as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, […]