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What is the law of passing off?
What is the difference between trademark infringement and passing off?
What is the difference between passing off and infringement?
What is the law of passing off a trademark?
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.
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.
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.
Jan 1, 2022 · The Law of Passing-Off, which covers Intellectual Property Rights in India, was created to prevent this conduct. Section 134 1 (c) of the Trademark Act 1999 establishes the law of passing off. A common law remedy is provided by Section 27 of the Trademark Act 1999.
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.
