What Is a Distinguishing Characteristic of the Tort of Passing

question 56

Multiple Choice

What is a distinguishing characteristic of the tort of passing off?

• A) It is a strict liability tort.
• B) Goodwill or a reputation must be attached to the plaintiff's product.
• C) The defendant must have intended to confuse the public.
• D) The plaintiff must have trademarked their product.

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Definitions:

Claim in Recoupment

A legal claim made in defense to a counterclaim, aiming to offset or reduce the amount of damages sought by the original claimant.

Personal Defense

Legal arguments or claims that an individual can use to avoid enforcement of a contract or demand based on issues personal to him or her.

Real Defense

Legitimate legal reasons that can be used to avoid the enforcement of a contract or negate an obligation.

Obligated

Required by a legal or moral duty to do something or responsible for an action.