APPLICABILITY OF PASSING-OFF IN THE DIGITAL AGE

ABSTRACT The tort of passing off remains a vital tool for protecting businesses from the unauthorized use of their branding, particularly in the digital age. Originating in the 17th century, this common law action allows businesses to seek redress for misrepresentations that cause confusion among consumers, even without formal trademark registration. In the context of Nigeria, where the digital landscape is rapidly evolving, this study evaluates the applicability of passing off as a means of protecting business reputations online, while also tracing its historical development and examining its contemporary relevance. Nigerian courts have consistently upheld passing off principles, as demonstrated in landmark cases such as Niger Chemists Ltd v Nigeria Chemists. These decisions underscore the importance of safeguarding business identities against unfair competition, regardless of formal trademark registration. This paper explores how passing off continues to offer protection in the digital environment, where the risk of online infringement and consumer confusion is ever-present. Through doctrinal analysis, this research examines the theoretical foundations of passing off and its practical implications in Nigeria’s digital economy. By comparing local practices with international standards, the study evaluates the effectiveness of passing off in addressing challenges posed by digital platforms, including social media, e-commerce, and online marketing. The findings indicate that while passing off remains an essential tool for protecting business goodwill, there are significant challenges, such as inadequate enforcement mechanisms and the complexities of online infringement. The paper concludes with recommendations for enhancing the legal framework surrounding passing off in Nigeria. It is suggested that if these recommendations are implemented through amendments to relevant legislation, they will better equip Nigerian businesses to safeguard their commercial interests in an increasingly digital world.