RUCHIKA SHARMA 28 August 2021

Intellectual property

Kindly explain the meaning and provisions related to 'passing off' in the context of trademarks.

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 28 August 2021

Ask your tutor as it is not a legal query and you have not stated full facts.

Kevin Moses Paul 28 August 2021

As per your query, let me inform you that "Passing off" refers to common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another.

Moreover, the concept of passing off has undergone changes in the course of time.
Today it is applied to many forms of unfair trading and unfair competition where the activities of one person cause damage or injury to the goodwill associated with the activities of another person or group of persons.

Hope It Helps!

Regards,
Kevin M. Paul

Dr J C Vashista (Advocate) 29 August 2021

Instead of posting question paper you should confine to your personal problem/ legal dispute.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 August 2021

Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. ... The principle of passing off, i.e. “Nobody has the right to represent his goods as the goods of somebody else” was decided in the case of Perry v Truefitt (1842)

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Pradipta Nath (Advocate) 29 August 2021

This is an academic query!!

P. Venu (Advocate) 29 August 2021

What are the facts? What is the context?

Shweta Bharti (--) 09 April 2026

Hello, Inquirer.

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