Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Passing off definition

What does Passing off mean? Passing off is the common law tort used in practice to stop one business misrepresenting its goods or services as those of, or connected with, another. It protects unregistered trade marks and wider brand indicia such as names, logos, get‑up/trade dress, packaging, slogans and domain names. The action is defined by case law, not statute. To succeed, a claimant must prove: (1) goodwill or reputation in the relevant UK or Irish market; (2) a misrepresentation by the defendant to the public leading, or likely to lead, the public to believe the defendant’s goods or services are the claimant’s;...

Precedent: Reply and Defence to Counterclaim (Trade Mark Infringement and Passing Off) — High Court IP List/IPEC, Business and Property Courts of England and Wales

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Precedents

Case No. [ insert claim number ]

IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
intellectual property LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) ]

Between: [ insert full name of claimant ] Claimant
and
[ insert full name of defendant ] Defendant

REPLY AND DEFENCE TO COUNTERCLAIM

REPLY

Except to the extent that the Defendant’s Defence and Counterclaim (the Defence) contains admissions of allegations set out in the particulars of claim, or as otherwise dealt with below, the Claimant contests the Defence and relies upon CPR rule 16.7(2).
As to paragraph 3, the following is observed:
1. It is denied that paragraph 3(1) provides a complete and accurate description of the Claimant’s business [ provide further details, if appropriate ].
2. [ It is averred that the Claimant has supplied [ insert description of goods and/or services which the defendant does not admit have been supplied by the claimant but which the claimant has in fact supplied. Provide further details, if appropriate ] ]...

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Web page updated on 22/05/2026

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