PASSING OFF AND INFRINGEMENT
PASSING OFF AND INFRINGEMENT INTRODUCTION · A trademark in relation to goods conveys to the general public and specifically to the consumers about the origin and quality of those goods. · A trademark is the foundation of one’s business to distinguish from others. · Protection of trademark is important not only from the business point of view but also for the protection of consumer from fraud and imposition. · The first Trademark legislation was enacted in India in 1940, but before that, protection to trademarks in the country was governed by the principles of common law based on English cases. PASSING OFF · Passing off action is based on common law principle · The damages cla...