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32. In Cadila Health Care Ltd v. Cadila Pharmaceuticals Ltd. the Court observed that the passing off action depends upon the principle that nobody has a right to represent his goods as the goods of somebody else. In other words, a man is not to sell his goods or services under the pretence that they are those of another person.

33. In Caesar Park Hotels v. Westinn Hospitality Services Ltd. 1999 PTC (19) 123 the Division Bench of Madras High Court while setting aside the judgment of the learned Single Judge applied the principle of transborder reputation and restrained the defendant from using the word "West inn" for Its business.

50. The respondent company Holiday Inn Inc is a registered company in the United States of America. The company has acquired immense global reputation. It has a large number of hotels in various parts of the world. The adoption of the words "Holiday Inn" by the appellants from the very inception was based on the doctrine of bad faith. The appellants were fully aware of the considerable transborder reputation of the respondent and they wanted to derive pecuniary benefits from their reputation, the question that arises is that out of the millions of words of English language, why did the appellants adopt only the words "Holiday Inn", The answer has to be that the appellants deliberately adopted these words to ride on the immense global reputation of the respondent. The intention of the appellants becomes absolutely clear after seeing the computer print out of the appellants and respondents pages taken from the internet under the heading "Holiday Inn, Delhi". These documents were placed before us by the respondent. Under the heading "Holiday Inn" in the internet information about the respondent's hotel world wide is given. Similarly the appellants, Kapoor Holiday Inn, also has a web site in the Internet under the heading "Kapoor Holiday Inn" giving its tariff, location etc and advertising itself as the "most distinguished address in New Delhi". By giving all this description the appellants in fact wanted to ride on the reputation of the respondent and derive pecuniary benefit from it. As observed in Simatul Chemicals Industries Pvt. Ltd. (supra) the test to be applied is the test of an average person with imperfect recollection. It would not be right to apply the test of a man of extraordinary memory who remembers the spelling of the name of each company or a person who Jots down meticulously and methodically the names of companies in his diary and brings out his diary and contemplates whether he is dealing with one company or the other. The average person is likely to be deceived by or confused with the use of the words "Holiday Inn" by the appellants.