Abstract
The High Court recently held that misrepresentation by silence can constitute an actionable misrepresentation. A trader may make a misrepresentation by failing to correct a self-induced mistaken belief of a customer, where the trader takes advantage of that mistaken belief. Failure of a trader to disabuse customers of the impression that they are dealing with the brand owner may be sufficient to constitute passing off. Brand owners welcome this decision as it provides protection against new entrants to the market who seek to piggyback on the success of their brand or trade mark.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Journal of Intellectual Property Law & Practice
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
