An insight into Indian perspective in defence to action of passing off & trademark infringement
Amit K Kashyap, Simrann Venkkatesan
The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The project paper looks at the historical development of Trademark and passing off laws under the Indian laws and International conventions. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognised it. The paper looks at the inter-linkages between the laws for holding out and estoppel vis a vis the trademark while analyzing the defenses to avoid claims in Trademark and passing Off infringement.