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Sulochanabai, the apex court of the country stated that passing off right is a wider remedy than that of infringement.
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Passing off elements
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The four main plagiarization types are absolute plagiarism, self-plagiarism, Mosaic plagiarism, and extrinsic plagiarism.
A passing-off action mechanism is a curative for the encroachment of a conservative of property non in the home run, name or get-up improperly used, simply in the business or goodwill probable to be harmed by the deceit made by passing-off one person's goods as the goods of another.
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Is the concept of " passing off " a wrong?
THE CONCEPT OF PASSING OFF Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the brand being projected was the same as a well known brand is a wrong and is known as the tort of “passing off” [ 1].
Which is an example of a passing off action?
This is demonstrated in the case of Chelsea Man Menswear v. Chelsea Girl [ 17] . Here an action for passing off was successful where the plaintiff, trading under the name “Chelsea Man” bought action against the defendant who also started marketing products under the name “Chelsea Man”.
Why is the law of passing off important?
The protection afforded to personal names is also an area where intellectual property rights are at issue, and particularly where celebrity names are concerned. Under the law of passing off the traditional stance was:
What is the meaning of the tort of passing off?
THE CONCEPT OF PASSING OFF. Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the brand being projected was the same as a well known brand is a wrong and is known as the tort of “passing off" .
Last Update: Oct 2021
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