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passing off

Defined in 1 dictionary — Case Law

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.