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15. The third element of a passing off action is loss or the likelihood of it."

70. In Cadila Health Care Ltd vs. Cadila Pharmaceutical Ltd (2001) 5 Supreme Court Cases 73, Hon'ble Supreme Court observed as under:

"35. Broadly stated in an action for passing off on the basis of unregistered trade mark generally for deciding the question of deceptive similarity the following factors to be considered: