Avoiding Passing Off
1. How do I avoid any misrepresentation?
By taking appropriate action to ensure that your customers are fully aware of the origin of the goods which you offer for sale when you accept an order for those goods. So for example if a customer asks for Pilkington K Glass™ or K Glass™ or even K™ then unless you are actually going to supply the Pilkington product you should say you are not able to supply those products. What you can do is offer an alternative but you must point out that you are selling an alternative low emissivity product. Likewise if he asks for Autumn™ then unless you are supplying Pilkington Texture Glass Autumn™ you should advise that you are offering an alternative patterned glass before you accept his order.
2. How can I ensure that the goods which I purchase are genuine?
By ordering those genuine goods by name and obtaining assurance from your supplier that he will supply those named goods. It is important that, if you are then selling these goods on to someone else, you are certain of their origin so that you do not, in turn, mislead your customer.
3. What if I think my supplier is passing off?
If having taken the above precautions you are concerned that your supplier may be supplying alternative products in response to your order for a Pilkington product then you should highlight your concerns to Pilkington. You may do this either via your local representative or by phoning the Pilkington helpline on 01744 692000 or sending an email to pilkington@respond.uk.com .
4. Can I use Pilkington trade literature or promotional material in selling alternative products such as imported patterned glass or wired glass or other company's low emissivity glass?
No. Our literature is supplied solely for the purpose of promoting sale of our glass. Selling third party glass using our literature, pattern names or brand names is likely to result in a misrepresentation to the customer amounting to passing off, contrary to the law.
If you wish to sell alternative products you should use the appropriate product names and literature and avoid any impression that the glass originates from Pilkington.
5. What if I use abbreviated brand names e.g. Cots?
Using a trade mark which results in a likelihood of confusion as to the origins of the goods may infringe a registration of a trade mark.