Search Results for Tag : Passing off

News

SC: Plaintiff Must Prove Sale/Advertisement Expenses to Establish Goodwill in Passing Off Suit(18.09.2023)

Supreme Court has held that in a suit for passing off, plaintiff must prove the figures of sales and expenditure incurred on the advertising and promo.....

Tags : Supreme Court, Passing Off, Goodwill

Causes of Action for Design Infringement & Passing Off can be Combined in Single Suit: Delhi HC(17.12.2018)

Delhi High Court has held that the causes of action for infringement under Designs Act and for passing off under Trademarks Act can be combined togeth.....

Tags : Delhi High Court, Design Infringement, Passing Off

Delhi HC: E-Commerce Platforms Can't Permit Third-Party Sellers to Latch on Bestseller's Trademark(08.08.2022)

Delhi High Court while passing interim injunction against flipkart, has held that permitting third-party seller to latch on to Best-Seller's trademark.....

Tags : Delhi High Court, Trademark, FlipKart, Passing Off

Delhi HC: E-Commerce Platforms Can't Permit Third-Party Sellers to Latch on Bestseller's Trademark(08.08.2022)

Delhi High Court while passing interim injunction against flipkart, has held that permitting third-party seller to latch on to Best-Seller's trademark.....

Tags : Delhi High Court, Trademark, FlipKart, Passing Off

Bom HC Restrains Mumbai Khadi and Village Industries Association from Selling Goods Under Khadi Mark(19.12.2022)

Bombay High Court has temporarily restrained Mumbai Khadi and Village Industries Association from using the mark 'KHADI' and 'Charkha' logo or any dec.....

Tags : Bombay High Court, KHADI, Passing Off, Trade Name

Fraud Not Necessary Element for Passing Off if Defendant Has Adopted Plaintiff’s Trademark: SC(24.09.2018)

Supreme Court has observed that though passing off is an action based on deceit but fraud is not a necessary element of a right of action, if otherwis.....

Tags : Supreme Court, Passing off, Trademark

Delhi High Court: Passing Off Suits With Respect to Registered Design Maintainable for the Time Being(04.06.2019)

Delhi High Court has observed that the judgment of a Single Bench that a suit for passing off based on a design registered under the Designs Act, 2000.....

Tags : Delhi High Court, Passing Off

Delhi HC Decrees Suit For Passing Off Against UAE Residents(19.09.2017)

Delhi High Court has decreed a suit for passing off against defendants residing outside India, noting that they offer their services through apps and .....

Tags : Delhi High Court, Passing Off

Judgments

In passing off, defendant could escape liability if it can be shown that added matter was sufficient to distinguish his goods from those of Plaintiff(28.02.2017)

An order of injunction passed in Trade Mark Suit filed by Respondents temporarily restraining Appellant from using trade mark or trade name “City Coll.....

Tags : Injunction, Validity, Passing off

Cello’s crayon packaging ‘passing off’ for Faber-Castell(03.09.2015)

The Court accepted Faber-Castell’s submissions that Cello’s packaging of its crayons in two recessed trays facing each other and set in a larger outer.....

Tags : Ipr, crayon, passing off, packaging

International Cases

In passing off proceedings, the court must consider all extraneous factors in reaching a conclusion that confusion is likely(01.12.2022)

The dispute was about a shape of a water bottle. Since 2011, Tupperware has been selling a plastic bottle that has the shape of the registered mark, a.....

Tags : Passing off claim, Deception, Likelihood