Remedy of Passing off in Copyright

Abstract

An action in passing off provides a very good remedy and supplement to copyrights law, where there is no infringement of rights. Its wider scope can be imported in restraining unfair practices or unfair appropriation of business goodwill. The remedies available under this action include, injunction, account for profits, damages, declaration etc. In addition to statutory protection, all the above items are potentially protected under the "passing off" area of the common law (which has been shown by recent judicial decisions to be a strong form of protection in cases where reputation has been clearly established).