This tort is the pretence by one person that his goods or services are those of another. The person whose business interests suffer has a right of action in damages or for an account, and for an injunction to restrain the defendant in the future. It is possible to insure under intellectual property litigation insurance against liability for having inadvertently infringed a third party’s intellectual property rights.
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A person who passes off his goods so as to misled people into thinking that they are the goods of another is subject to an action. He may insure in respect of his liability under a policy covering infringement of industrial property rights.