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Asked by Growing with Hussein on May 10, 2024

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Darren sells counterfeit Gucci watches on a downtown street corner for $30 each. If asked, he says they are "genuine imitation Guccis."

A) Gucci can sue Darren for slander of title.
B) Gucci can sue Darren for passing-off.
C) People who buy the watches can sue Darren for passing-off.
D) Since Darren readily admits they are fakes, he has committed no tort.
E) People who buy cheap watches on street corners cannot claim they thought they were getting the real thing, so Darren has committed no tort.

Passing-Off

A legal misrepresentation where one entity falsely markets its goods or services as those of another, leading to consumer confusion.

Counterfeit Gucci Watches

Imitation watches made to look like genuine Gucci products, but without the authorization of the Gucci company.

Genuine Imitation

An oxymoronic phrase often used sarcastically to describe a product that pretends to be something it is not.

  • Understand the legal limits of marketing activities and the tort related to misrepresentation.
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CS
Craig SeckersMay 13, 2024
Final Answer :
B
Explanation :
Gucci can sue Darren for passing-off because he is selling counterfeit watches that are likely to confuse consumers into thinking they are purchasing genuine Gucci products, despite his claim that they are "genuine imitation Guccis." This act misrepresents the origin of the goods, which is the essence of a passing-off claim.

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