Section 67(3)(b) in The Geographical Indications Of Goods (Registration And Protection) Act, 1999
(b)where in a suit for passing off, the defendant satisfies the court—(i)that at the time he commenced to use the geographical indication complained of in the suit he was unaware and had no reasonable ground for believing that the geographical indication relating to the plaintiff was in use; and(ii)that when he became aware of the existence and nature of the geographical indication relating to the plaintiff he forthwith ceased to use the geographical indication complained of.