passing off
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 280 U.S. 19 - Federal Trade Commission v. Klesner · 1929Most cited · 378 citing opinions
It is true that in suits by private traders to enjoin unfair competition by 'passing off,' proof that the public is deceived is an essential element of the cause of action. This proof is necessary only because otherwise the plaintiff has not suffered an injury. There, protection of the public is an incident of the enforcement of a private right.
How often courts cite the case defining “passing off”
Court decisions citing the opinion that defined “passing off” — 378 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.