Passing Off
When a trade or service mark is not registrable it may still be entitled to certain protection, i.e. a passing-off action.
If a trademark has not been registered, some jurisdictions (especially Common Law countries) offer protection for the business reputation or goodwill which attaches to unregistered trade marks through the tort of passing off.
unfair competition : the common-law tort of passing off one's goods as another's ;broadly : any of various torts (as disparagement) that interfere with the business prospects of a competitor or injure consumers ...
Covenant Radio Station v Ten Eighty Corporation 390 A. 2d 949 (Supreme Court of Connecticut, 1977)
Duhaime, Lloyd, Legal Definition of Passing Off
CATEGORIES AND TOPICS:
This term applies to the following categories or areas of law: ...
The misuse of a famous trademark may also create an express warranty, the violation of which is called "passing off"; the source and quality of the goods is misrepresented.
Warranty implementation ...
 See also: Person, Name, Use, Service, Law
  
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