Trade Marks Act, 1999
135. Relief in suits for infringement or for passing off.—
(1) The relief which a court may grant in any suit ... which it was registered; or (c) where in a suit for passing off, the defendant satisfies the court— (i) that at the time he commenced
Trade And Merchandise Marks Act, 1958
106. Reliefs in suits for infringement or for passing off.
(1) The relief which a court may grant ... which it was registered; or (c) where in a suit for passing off the defendant satisfies the court- (i) that at the time he commenced
Perusal of the plaint in the above suit
discloses that the suit is primarily based on
passing off action and the suit ... apply
only in a suit for infringement of trade mark but if
the suit is primarily based as passing off action
under Section
firstly urged in this regard that besides the
design infringement claims, passing off suits too had been filed against each
of the defendants ... claims encompassing passing off claims
and design infringement claims as well, on the one hand, and pass off claims
solely on the other. The impugned
other hand, no such compulsion exists in
respect of a passing off suit. This means, that if the design in a design
CS (COMM ... totally independent and
unconnected controversies. Under a composite design infringement and
passing off suit, there would be a parallel enquiry that the court would have
trial Court, filed the instant suit on the ground that composite suit
for infringement of trademark and passing off is not maintainable.
But in fact ... second suit on the
ground that the first suit being composite suit for infringement of
trademark and passing off action is not maintainable is misleading
ingredients of passing off, is concerned,
it is appropriate to take into account the elements for
maintaining action of passing off. The acknowledged and
essential ... that the said
second suit is a composite suit against alleged
infringement of copyright and also an action against
passing off. Thus, the said objection
would contend that the suit was essentially a simple suit for passing off,
therefore, the subsequent registration cannot be made use of by the plaintiff ... able to maintain the suit in this Court and
therefore the suit that was filed for passing off should not be dismissed on
the ground
behalf of the plaintiffs that as
the suit filed by the plaintiffs is suit for passing off action and as the
defendant's goods ... infringement of trade mark, but for passing off action and the
remedy against passing off is available only under common law and
territorial jurisdiction
passing off would
not lie. However the suit for infringement of registered
design and suit for passing off of design as a shape trade
mark ... taken to the maintainability of the suit instituted by Crocs on
the ground that no suit for passing off could lie in respect
