Economou & Co LLC has published the second guide in its Cyprus trademark and brand protection series, following our guide on trademark infringement in Cyprus, examining the tort of passing off and how it protects unregistered brand identity under Cypriot law.

The guide sets out the three elements of a passing off claim as restated by the House of Lords in Reckitt & Colman Products Ltd v Borden Inc and consistently applied by the Cypriot courts: goodwill, misrepresentation and damage.

The guide also compares passing off with registered trademark protection, explains how the two causes of action interact and are often pleaded together, and sets out the remedies available to a successful claimant, including a final injunction, damages or an account of profits, and delivery up.

Read the full guide: Passing Off: Protecting Unregistered Rights