oa De Rebus - The scope of passing-off

Volume 2008, Issue 479
  • ISSN : 0250-0329



Passing-off is the most prevalent form of unlawful competition. It is often also relied on in combination with the ground of trademark infringement. The most authoritative definition of passing-off was given in the case of Capital Estate and General Agencies (Pry )Ltd and Others v Holiday Inns Inc and Others 1977 (2) SA 916 (A) at 929 C: 'The wrong known as passing-off consists in a representation by one person that his business (or merchandise, as the case may be) is that of another, or that it is associated with that of another, and, in order to determine whether a representation amounts to a passing-off, one enquires whether there is a reasonable likelihood that members of the public may be confused into believing that the business of the one is, or is connected with, that of another.'

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