Open Access Research Article

TRADEMARK INFRINGEMENT AND PASSING OFF

Author(s):
VINAY HOODA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

In today's commercial marketplace, a brand's identity is often its most valuable asset. Under Indian intellectual property law, brand owners protect their commercial reputation through two distinct legal mechanisms: the statutory claim of trademark infringement and the common law remedy of passing off. While these two actions frequently overlap in practice, they stem from different legal origins and serve different purposes. Statutory infringement protects the exclusive, registered rights granted under statute. Passing off, on the other hand, protects an established business reputation against deceptive tactics that mislead consumers. This paper explores the framework established by the Trade Marks Act, 1999, examining the statutory prerequisites for infringement alongside the common law rules governing passing off. By evaluating landmark decisions ofthe Supreme Court of India, this paper illustrates how courts analyze deceptive similarity, brand goodwill, and market context—especially in sensitive sectors like pharmaceuticals and modern e-commerce. Ultimately, the study highlights why a dual approach is essential to balance monopoly rights with fair commercial competition.

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Authors: VINAY HOODARegistration ID: 1013622 | Published Paper ID: IJLRA13622Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

TRADEMARK INFRINGEMENT AND PASSING OFF

Authors: VINAY HOODA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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