circumstances, the petitioners filed a suit for infringement
and passing off. In the suit, a prayer is prayed for leave under Clause ... confusion in infringement actions ... It was
further opined that a suit for passing-off may fail but a suit for infringement
may succeed because
suit. If in continuance of such threats the defendant intended to file any proceedings including a suit for passing off, the latter should also ... suit has been filed thereunder can be restrained from filing any other suit in his favour. Had the defendant filed a suit for passing off
action for passing off
proceeds on the basis that even if the allegations in support of the relief
of passing off are separated from ... passing off
is assessed, notwithstanding there being no averment in the plaint for
the independent cause of action relating to passing off being carried
this section. The present suit is not a suit merely for infringement of trade mark but for "passing off" as well. Such ... calculated to " pass off " his goods as those of the plaintiff. A case of " passing off " is generally added
alleged cause of action of passing-off is liable
to be rejected or the claim relating to passing-off completely disregarded as no
part ... court, the
claim for passing-off could not have been made there. The cause of action as to
passing-off was delinked from the infringement
suit being Suit No. 200 of 1990 is a suit for infringement as also it is based on the cause of action of passing off ... passing off. A suit for infringement lies when the plaintiffs title by registration has been affected and the suit for passing off lies when
Paragraphs 7, 14 and
15).
Furthermore, this being a suit for passing off, it is the plaintiff's burden to
prove deceit ... Golden
Fall" it is submitted that the plaintiffs' suit is for passing off only and the cause
of action is not based
aforesaid facts, it is to be seen whether a suit for
passing off would embrace a suit under Section 14(1)(a) of the Insolvency ... declared
and not on any other kinds of suit like a suit for passing off and infringement or
where public injury is caused
suit, the respondent
moved an application for interim protection. The learned single
Judge passed the following Order:
"This is a passing off action ... infringement or for
passing off. The provision would stipulate, the Court may grant
injunction in case of passing off if the Court thinks
Narayan Rai, J.:-
1. The defendant in a suit for passing off has preferred the instant appeal
against a common judgment and order dated February ... requirements for establishing goodwill
of a business in a suit for passing off both at the final and interim stages
in the following words
