passing off of copy right in Bombay. It has been contended that once the case of the plaintiffs for infringement and passing off of copy ... that event he is also entitled to maintain the suit for passing off and infringement of trade mark by joining the cause of action under
trading style so as to pass off or enable others to pass off the goods and/or business of 1st appellant in each Appeal ... distinction between passing off action based on trade marks and other passing off actions. The Act covers all passing off actions whether based on trade
action by the plaintiff in this Court, filed a
suit in respect of passing off against the plaintiff in the Delhi High
Court. In retaliation ... difference between a suit for infringement of a trademark
and a suit for passing off. Various Courts, including the Supreme
Court have held that
Shri Prakash Gobindram Ahuja vs Shri Ganesh Pandharinath Dhonde And ... on 4 October, 2016
Equivalent
sold was being passed off as and for the plaintiffs MARK II toothbrush. The Defendants herein are Defendants in that suit. During the course ... Delhi suit in detail. The copies of the record of the Delhi suit have been made available in this suit. That suit has been filed
provision made in respect of appeals from decrees passed in suits where there is a set-off or a counter-claim. According to him, Order ... either party.
(2) Any decree passed in a suit in which a set-off is claimed shall be subject to the same provisions in respect
that the registration has expired in 1982 and thus the suit for passing off of copy right is not maintainable. The submission in my opinion ... right is not a sine-qua-non. Insofar as the suit for passing off for the copy right design is concerned. The proprietor or owner
trading style so as to pass off or enable others to pass off the goods and/or business of 1st appellant in each Appeal ... draw a distinction between passing off action based on trade marks and other passing off actions. The Act covers all passing off actions whether based
This Motion is taken out in a trade mark infringement
and passing off suit with leave under clause XIV of the Letters
Patent. The Motion ... such user also leads to passing off
of the Defendants' goods as goods of the Plaintiffs. Hence the suit
and the interlocutory application
Notices of Motion are taken out in trade mark
infringement and passing off suits in respect of the Plaintiffs' registered
::: Uploaded ... trade marks
as being an infringement and also amounting to passing off.
2. Plaintiff No.1, originally incorporated with the name
