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
instant suit has been filed by plaintiff (presented on 21.4.2017) with prayers for injunctive reliefs qua infringement of suit CR and passing off qua suit ... recognise passing off action and therefore, in the light of limb (b) of plaint prayer pertaining to passing off qua suit CR, plaintiff ought
also contended that the plaintiff cannot convert a common law suit of
passing off into a statutory suit for infringement.
6. Heavy reliance is placed ... Judge of this Court
had taken the view that a suit for passing off which is one under common
law cannot be converted into
Trade Marks Act, the suit is not maintainable. When suit for infringement itself
is not maintainable, the relief for passing off also not maintainable. Further ... suit for infringement is not maintainable against a registered trademark
holder. When suit for infringement itself is not maintainable, the relief for
passing off also
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
passing off qua suit TM.
5. It may be necessary to briefly trace the trajectory of this suit. As
mentioned supra, suit was presented ... exercise jurisdiction over the entire suit i.e., with regard to infringement of
suit TM as well as passing off. This position remains undisturbed
action for infringement of trade mark and for passing off along with the suit for infringement of copyright have been dismissed by common order ... applications. In the applications for interim injunction in the copyright suit, trade mark, passing off and for leave to combine the cause of action
spite of repeated demands. The second defendant was putting off payment taking time. Therefore, a suit was filed after giving notice to the second defendant ... copy of the plaint to that suit. On 16-11-1932, Mirza J. passed a preliminary decree; see Ex. D. 4. This decree was made
relating to passing off. There are certain procedural differences between the two. But in substance and in effect, an action for passing off can easily ... passing off. Whatever evidence the defendant car have in the suit for passing off is certainly available to him in the suit for infringement
relation to passing off.
6. In order to establish his right to an injunction in an action for passing off, it is wholly unnecessary ... passing off.
7. The essence of the action of passing off is deceit on the part of the defendant in trying to pass off
