In Canada,

passing off Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting go ...

is both a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

and a statutory

cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...

under the Canadian ''Trade-marks Act'' referring to the deceptive representation or marketing of goods or services by competitors in a manner that confuses consumers. The law of passing off protects the goodwill of businesses by preventing competitors from passing off their goods as those of another. The protection afforded by the law of passing off protects only the association between a product and its producer and not to the product itself - primarily, it protects a producer's investment in making a product or service distinguishable in the marketplace through the use of distinctive features such as marks, letters, advertising material or slogans, colours, and sounds.

Basis of passing off claims

Common law tort of passing off

As a common law action, the tort of passing off was developed by courts to protect a

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...

from harm to their business caused by

unfair competition Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * Unfair (song), a song by South Korean boy group EXO