Passing Off Cease and Desist Letter

Summary

This precedent is a cease and desist letter in respect of activities that give rise to a cause of action based on passing off. The letter outlines the rights owner's reputation and goodwill, details the impugned activities, and requests an undertaking to stop such activities. This precedent includes practical guidance and drafting notes. The elements of the common law tort of passing off are that the plaintiff has a reputation or goodwill in Canada, there is a misrepresentation by the defendant causing confusion; the plaintiff suffers damage as a result of that misrepresentation; and there is no public policy reason to withhold a remedy (Ciba-Geigy Canada Ltd. v. Apotex Inc., [1992] S.C.J. No 83 ). Protection at common law is limited to the geographic area in which the plaintiff can prove its trademark enjoys a reputation or goodwill. This precedent assumes that the holder of trademark rights has more than one trademark that is being misappropriated. For further information on passing ...