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

Sunil Prakash Dhadwad
Ph.D. Research Scholar, India

Volume I, Issue IV, 2018

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.


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