Passing-off occurs when an individual makes a false representation to their customers to lead them into believing that the particular goods/services they deliver are the property of another person. To prevent such practices, the law of passing-off was introduced in India. At the initial stage, the rule of passing-off was only applicable to products, but eventually, it was extended to include professions and non-trading activities.
The rule of passing off is also applicable to unfair commerce and unfair competition, in which the actions of one person may harm the goodwill and reputation of another person. Passing off a trademark occurs when there are false claims and harm to the owner’s existing goodwill and reputation.
Elements of Passing-Off
For a passing-off action, the user has to prove the distinctiveness of the trademark he is using in regard to a particular product/services. However, if an individual continues to use the same thing, it will tend to create confusion in the minds of the consumer and will cause harm to the reputation and goodwill of the business. There are three main features of passing off the trademark, and these are as follows:
According to it, a complainant must prove that the product or service has goodwill and the other party is making a misrepresentation of it. Also, they should display the losses incurred due to other party’s false claims.
For more information, contact us on [email protected]