Hashimy, Sayed Qudrat and Kimey, Emmanuel Elimhoo (2023) Navigating the Complex Terrain of Passing off Under Indian Trademark Law. In: The Changing Scenario of Intellectual Property Rights and the Way Forward. Vaikunta Baliga College of Law, New Delhi, pp. 1-24. ISBN 978-93-91155-97-1
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Abstract
The concept of passing off is a legal remedy that tackles the deceptive practice of one entity marketing its products or services using another's trade symbols without authorization. This often involves mimicking another's goods, exploiting their market reputation for profit, and confusing consumers. This study explores the historical development of passing off in Indian statutory laws, examining legislation and key cases. The research assesses the efficacy of passing off in safeguarding unregistered trademarks from intentional or unintentional infringement. By analyzing statutory provisions, scholarly works, and case law, this paper sheds light on the role of passing off in protecting unregistered trademarks in India, benefiting scholars and learners at various educational levels. A "Trade Mark" is a authoritative connection between businesses and their product names, symbolizing quality and reputation. For business owners, safeguarding their trademark from exploitation is vital. The Doctrine of Passing Off
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | General Anti-Avoidance Rules, GAAR, India, Australia, tax avoidance, tax laws, statutory provisions, judicial interpretations |
| Subjects: | L LAW > LAW |
| Divisions: | Department of > Law |
| Depositing User: | Dr Raju C |
| Date Deposited: | 01 Feb 2023 09:51 |
| Last Modified: | 08 Aug 2024 09:25 |
| URI: | http://eprints.uni-mysore.ac.in/id/eprint/17433 |
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