SETTING UP PASSING-OFF ACTION UNDER INDIAN TRADEMARK LAW

Kritika Agarwal

Research Associate, VV Giri NLI, Noida

Best Citation – Kritika Agarwal, SETTING UP PASSING-OFF ACTION UNDER INDIAN TRADEMARK LAW, 2 ILE IPCLR 40 , 2022

ABSTRACT

The paper discusses the meaning of passing off under the Indian Trademark law. The trademark attached with any goods or services give its consumers a specific information about its quality and origin, thereby assisting it to attain a reputation in the market. An action of passing off is initiated when misrepresentation of someone else’s goods as one’s own, or goodwill of a trademark is hampered deceitfully and a certain amount of damage is caused to the owner of the trademark. Further a detailed analyses on as to what all constitute as the main elements while proving passing off action has also been dealt in the paper. Paper discusses the evolution of the concept across territorial borders and also summarize various remedies available which the trademark owner can claim.

Keywords: Passing-off, Trademark, Infringement, Goodwill, India