Passing off and Infringement of Well-Known Trade Mark’s in India

This paper discusses the relevant provisions of the Indian statute, highlighting the protection offered to Well-Known Trade Mark’s proprietors from passing off and infringement of well-known trademarks. It provides for what acts constitute passing off and infringement of well-known trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of well-known trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.