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by ghaff
1998 days ago
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Maybe I'm misunderstanding you but companies (and individuals) pass off things all the time. Shipping is perhaps the most obvious example. If I'm an eBay seller and ship something to you, once I give you a tracking number, it's mostly between you and UPS. (Unless, e.g., an item was improperly packed and UPS won't honor a claim, etc.) |
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Rather, it's a common law term for selling an item while misrepresenting its origin [1] - for example, if an ebay seller claims to sell real rolexes and sends out fake rolexes, they have 'passed off' the fakes as real. This can happen even in the absence of registered trademarks.
Of course, most of the historical examples are of copycat products - but the definitions used on Wikipedia sound like it might cover misrepresenting restaurant partnerships - particularly if the restaurant's reputation is besmirched by inept deliveries.
[1] https://en.wikipedia.org/wiki/Passing_off