ABSTRACT
It is actionable passing off for the defendant to sell merchandise with a direct statement that the goods are manufactured by the plaintiff when, in fact, they are not. Thus, for example, it would be passing off for D, a manufacturer of tyres, to advertise and sell his tyres as ‘Dunlop’ or ‘Michelin’ tyres, since this would be an obvious attempt to profit from the goodwill and reputation established by rival businesses. Similarly, it has been held actionable for a book publisher to advertise and sell a book of poetry with the name of Lord Byron on the title page when, in fact, that famous poet had nothing to do with its authorship.3
