ABSTRACT
The UK has no law of unfair competition, but the common law tort of passing off enables a trader to protect the goodwill that a business enjoys.
Goodwill is intangible – it exists in the minds of the public, thus bringing it within the ambit of intellectual property. The goodwill must be attached to a name or ‘get-up’ which the claimant can claim belongs exclusively to him. In a sense, passing off can be described as the law protecting unregistered trade marks.
