Passing off is a civil wrongdoing, or tort, where an individual or business attempts to "pass off" another's name as their own to sell/advertise goods or service. Unlike other copyright violations, passing off is a reference to trademarks which are not registered. Since they are not registered trademarks, another person may attempt to use their name as their own either for their own gain or for another's loss. Common law protects traders from such misrepresentation that can cause harm either to them or their business. When passing off takes place, the person whose unregistered trademark has been used improperly can take legal action against the other party, seeking damages. However, the tort of passing off will need to be proved in court, evidenced by three elements: an existing name with a goodwill or reputation, misrepresentation of that name, and damage resulting from this misrepresentation.