"Passing Off"

[findtim]

yearsssssssssss ago i was accused of passing off by a business, not because of my business name but the domain name, i had the "s" and they didn't , they had been online for more then a few years so apply opportunity for them to purchase the domain i did.
businesses where in the same vertical but definately not the same with no cross over of service type.
i ended up winning.
MY POINT is will this "passing off" be a very easy trip to legal action with the mereeeeeeeeee difference of .com.au and .au ?
a new dentist arrives in dubbo and BAM, instant confusion especially if the new guy does some adwords and gets first place.

there are a million examples of business types that may land in this same situation IMO

tim

 

[snoopy]

If they were only claiming passing off then that sounds a weak claim, i.e. no clear trademark claim so you try for something wishy washy like passing off.

 

[findtim]

yes it was wishy washy, and i got rid of them really easily by just saying "bugger off", but as i was naive back then so first step was a $200 solicitor... twice, then "bugger off", but the solicitor was happy to fight it out $$$$$$$$$
so people will be caught out.

tim

 

[Cooper Mills DomainLawyer]

everything depends on the specific circumstances, but most passing off arguments fail because (a) the party doesn't have a reputation (which is key); and (b) the circumstances surrounding the 'passing off' conduct don't stack up. I'd be surprised if a lawyer wrote you a letter just alleging passing off, it goes hand in hand with trademark infringement typically

 

[findtim]

it was an email detailing all the reasons for their case !!! i thought that was weird to "show their hand"
my reply was something to the effect of " thankyou for your detail explaination of your case, i now know that you know absolutely nothing about what you are talking about "

tim
i never heard from them again.