In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product g
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product gained immense popularity both in India and abroad, supported by significant investments in television advertising, Ayurveda health fairs and endorsements from medical professionals. By 2024, "HerbWell" had earned a strong reputation and was widely recognised by consumers. In 2024, another company, Herbal Wellness India Ltd., launched a liver tonic under the brand name "HerbWel+". Its packaging was strikingly similar to that of "HerbWell" and the word "HerbWel" was written in a nearly identical font, with only a "+" symbol added at the end. GreenRoots Ayurveda Pvt. Ltd. objected, asserting that this similarity was likely to mislead consumers into believing that "HerbWel+" was associated with or endorsed by them. They claimed that "HerbWell" had become a well-known trademark and that the actions of Herbal Wellness India Ltd. amounted to passing off. In view of the above case, answer the following questions: What elements must GreenRoots Ayurveda Pvt. Ltd. establish to succeed in a passing off action ?
Answer & Explanation:
The plaintiff (GreenRoots Ayurveda Pvt. Ltd), in an action of passing off, has to establish that- his business or goods has acquired the reputation and that his mark has become distinctive of his goods among the public at large. there is likely hood of deception or confusion in the minds of the public. He, however, does not have to establish the fraudulent intention on the part of the defendant. confusion is likely to cause damage or injury to the Reputation, goodwill and fair name of the plaintiff. He need not prove the actual loss or damage in an action of passing off.
Topics: Trade Marks Act, 1999
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