Some say, imitation is the sincerest form of flattery, but, in business, imitation by a competitor can lead to lost profits. Another company may copy your name, logo, branding or website (your “Mark”) with a view to confusing your customers into contacting them rather than you. In some cases, the imitation is so blatant that it can be difficult to tell the original from the imitation. However, in other cases, the imitation may be less obvious; for example “Penguin Biscuits” and “Puffin Biscuits”.
Charlotte Fielding, solicitor in our dispute resolution team, talks to the SME Club about what you should do if your company is the victim of passing off.