mark can
successfully sue for passing-off in respect of the mark alone as the protection
against passing-off is a higher right than against ... passing off apply? An action for
passing off, as the phrase "passing off" itself suggests, is to restrain
the defendant from passing off
definition of passing off in paragraph 31, which reads as follows:-
"Lord Halsbury defined the tort of passing off in Reddaway v. Banham ... maintain an action for passing of.
Similarly, similar rights in a trader to obtain an injunction against passing off in respect of cognate goods
user of the said mark, they are entitled to an injunction of passing off as against the defendants who have admittedly started using the said ... calculated to pass off, or cause to be passed off, the defendant's goods as the goods of the plaintiffs, an injunction
market and injunction order could be passed against
the registered proprietor on the basis of unregistered trademark in an
action of passing off as held ... injunction."
Passing Off
40. Even the test of confusion and deception in order to prove the
case of passing off has been very well
question that arises is whether the plaintiff can seek an injunction against passing-off by the defendant No. 1 in view of the admitted fact ... injunction restraining the defendants from infringing the mark of the plaintiff as well as for an injunction against passing-off.
14. Before considering the contention
marks/ labels /trade name
RELIANCE so as to passoff or enable others to passoff
the defendants' impugned pharmaceutical and
medicinal products ... Bromex Plus
(application No. 1783924), so as to passoff or enable
others to passoff the defendants' impugned
pharmaceutical and medicinal products
passing-off of defendant's goods as those of the plaintiffs. He pointed out that there are specific tests for passing-off and requirements ... infringement of trade mark and that of passing off and held that :
"In passing off actions, however, the plaintiff has to prove further that
application seeking injunction from passing off.
24. The learned Senior Counsel pointed out that injunction from
infringement was not granted mainly because the Trade mark ... time of institution of the suit. With
respect to the injunction for passing off, the learned Senior Counsel stated
that the mark should be distinct
against the defendants for passing off their
goods in question. It is submitted that while considering the case for
passing off only, as per catena ... plaintiffs have instituted the suit against the
defendants for passing off action alleging passing off their products -
produce designs, configurations, including "Diet" models
appellant amounted to
infringement of their copyright and passing-off in trade mark.
According to the respondent company, the business of the
appellant ... appellant further submitted that whether an action
for passing-off could be maintained and injunction granted
when a mark is used consisting of the word
