agreement dated 30.12.2021. The suit filed by the
applicants / plaintiffs is a suit for Trade Mark infringement and for passing
off in respect ... against the respondents / defendants only as a Trade
Mark infringement and passing off suit. The Trade Mark infringement and
passing off action are statutory rights
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 ... generally. Section 134 on the other hand
speaks of suits for infringement or passing off being instituted before
a court which is not inferior
court has taken view that "the suit of
passing-off and the opposition proceedings pending before
the Registrar of Trademarks are different from each ... passing off action,
where the burden rests on the plaintiff to prove whether there is
likelihood of the defendant's goods being passed off
Court,
Ernakulam, Kochi had the inherent jurisdiction to entertain a suit for
passing off. Reliance in this regard is placed on the judgment ... 2023/DHC/000133
action in a suit for infringement and in a suit for passing off may be
different, as infringement is a statutory remedy
route to
patentees to 'evergreen' their patent and file passing off suits against
manufacturers of generics/biosimilars. Concept of extended passing
off ... attached to that
specific INN.
24. Present suit is based on an action for extended passing off i.e.
passing off in relation to characteristic
mark is
tenable. Once it is so satisfied, it adjourns the suit to enable the
challenger to challenge the mark by way of a rectification ... retain jurisdiction to
pass, notwithstanding the stay, interim orders necessary to
protect the rights of parties pending the decision of the suit.
When the rectification
mark is
tenable. Once it is so satisfied, it adjourns the suit to enable the
challenger to challenge the mark by way of a rectification ... retain jurisdiction to
pass, notwithstanding the stay, interim orders necessary to
protect the rights of parties pending the decision of the suit.
When the rectification
trademarks,
but also passing off.
THE CHALLENGE
2. The Appeal is filed challenging the Order dated 30 January
2022 passed by the District Judge ... suit. That since prior use by the Plaintiff is established,
Plaintiff has made out a clear case of passing off. That prior registration
trademarks,
but also passing off.
THE CHALLENGE
2. The Appeal is filed challenging the Order dated 30 January
2022 passed by the District Judge ... suit. That since prior use by the Plaintiff is established,
Plaintiff has made out a clear case of passing off. That prior registration
averments and allegations of passing off made in the instant suit against
the Defendants.
90. It is therefore submitted that the plaintiff is not entitled ... costs of the suit and other
reliefs as prayed in the suit, as the defendants have not infringed or passed
off the plaintiff’s registered
