infringement and passing off of Plaintiff's registered trademarks
'SADANAND' and 'TADAAKHA' and also passing off of
unregistered trademark ... asserted a claim of infringement and passing off of
'SADANAND®' and 'TADAAKHA®' and passing off its one
unregistered trademark 'BASANT
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Defendant, on its website, or infringement
or passing off of the plaintiff‟s trademark, in
such website and the relevant criteria ... filed ("the forum court")?
(ii) In a passing off or infringement action, where
the defendant is sought to be sued on the basis
trader is passing
off its goods as those of the registered trade mark holder. In fact, the
tort of passing off does not require ... against NSTCL on the aspect of infringement,
the Supreme Court tellingly underscored the distinction between
infringement and passing off, in para 24 of the report
passing off.
5. The defendants deny that there is any infringement or passing off by them. They also deny that the plaintiffs are entitled ... action for passing off is a Common Law remedy being in substance an action for deceit, that is, a passing off by a person
trademark / copyrights of the plaintiff sued upon amounting to infringement and passing off and to what effect?
4. Whether the plaintiff is guilty of suppressing ... action for passing off is a Common Law remedy being in substance an action for deceit, that is, a passing off by a person
brief, to reconnoitre the legal position, insofar as
actions for infringement and passing off are concerned.
9. This Court has had occasion, in the recent ... first aspect to be examined, in any action for infringement
or passing off is, therefore, the aspect of deceptive similarity.
Infringement is a statutory tort
trade-dress, colour
scheme, pattern etc., in any manner, amounting to infringement, passing off,
unfair competition etc.
2. It is averred in the plaint that ... action for passing off wou ld lie, given
that a passing off claim can include but is also wider than infringement of a
trademark
2018
Soumen Sen, J.:- This is an action for infringement and passing off.
The petitioners are the manufacturer of electrical fans of various
kinds ... passing on the basis of
such pleading. In absence of the cause of action for infringement within the
jurisdiction, cause of action for passing off
case, thus, is not for infringement but passing off and the principles of
passing off are to be satisfied. In this regard, the learned senior ... trade mark as also
passing off and infringement of copyright. The plaintiff combines infringement
and passing off in this action presumably and in anticipation that
contended that thus, when passing off is claimed
of elements of the design as a trade mark, no passing off action lies. It was
contended ... passing off or the remedies in respect
thereof. Section 27 , while so providing, does not separately
define trade mark for an action of passing off
