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ii) The position with regard to passing off in designs has been settled by this Court in Mohan Lal, Proprietor of Mourya Industries vs Sona Paints & Hardwares and Micolube India Limited vs Rakesh Kumar Trading as Saurab Industries & Ors. 200(2013) DLT 322. It was held that in a passing off action the Plaintiff would have to establish the following ingredients:-
(i) that there is goodwill or reputation attached to the goods or services which the plaintiff offers, in the mind of the purchasing public, i.e., the consumers, who associate or are in a position to identify such goods or services by virtue of trademark used, which could include the get-up, trade-dress, signs, packaging, label, etc.