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Dec 22, 2023 · Meaning of passing off. “If a person sells his goods as the goods of another,” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark.
Mar 10, 2020 · An action for trade mark infringement is a statutory remedy and on the other hand, an action for passing off is a common law remedy. The use of the trade mark of the plaintiff, by the defendant, is also a prerequisite in the case of an action for infringement while it is not a necessity of an action for passing off.
The Trademarks Act, 1999 under section 27 recognizes the common law rights of the trademark owner to take action against any person for passing off his goods as the goods of another person or as services provided by another person or the remedies thereof.
Dec 20, 2023 · In this article, we will examine the complexities of passing off under the Indian Trademarks Act of 1999, including its evolution, legal ramifications, and the difficulties involved in proving a successful passing-off claim.
An action for passing off arises when an unregistered trademark is being used by a person other than the proprietor of that trademark in relation to the goods or services of the trademark owner. Passing off in India is a tort which is actionable under common law. It is mainly used to protect the good will of the unregistered trademarks.
Oct 12, 2017 · Infringement is a statutory remedy provided under section 28(1) of The Trademark Act, 1999 for which registration of a trademark is a pre-requisite, while Passing off is a common law remedy and in Passing Off claims, registration of a trademark is not required.
Jun 14, 2020 · The passing off is a common law tort, which can be used to enforce unregistered trademark rights. The tort is known as “passing off” in the British Isles and most of the commonwealth. In USA, it is known as “palming-off” and unfair competition elsewhere. The root of passing off lies in tort of deceit.
