oa Juta's Business Law - Legal standing in passing-off cases

Volume 15, Issue 1
  • ISSN : 1021-7061



It frequently happens that a foreign company, for instance, licenses a local entity to manufacture or distribute a particular product. The local entity might invest considerable time and resources in building up the brand name over many years. It could then be faced with the situation where another company begins using a confusingly similar trade mark, in circumstances where there is a likelihood of confusion. Prima facie, there is passing off. There is no trade-mark registration in place, and the licensor would accordingly like to rely on the common law. Would he, however, have legal standing (in Latin, locus standi) to do so?

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