The tort of passing off requires does not require the existence of a registered trade mark

A reputable dresses designer who received his special recognition on a unique dress design, moved the Court for an injunction against a company manufacturing the same dress design.

The Court held that the tort of passing off does not require that the subject of the claim be a registered trade mark and it is only required to show the existence of reputation of the designer and a risk of misleading the public who may believe that the dress was designed by the fashion designer.  Therefore, the Court granted an injunction against the company prohibiting it from manufacturing that certain dress and also ordered it to pay damages.