Search results
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.
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.
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.
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.
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.
Oct 12, 2017 · Trademark infringement/Passing off is the unauthorized use of a trademark or service mark on competing or related goods and services. The success of a lawsuit to stop the infringement depends on whether the defendant’s use causes a likelihood of confusion in the average consumer. Under Indian legislation the same is provided in Section 29.
Jun 20, 2024 · The Trademark Act's "passing off" provision gives the harmed party the ability to legally demand restitution and forbid such unauthorized use of their mark.
