A Company named Ramsung manufacture Automobile under the name Roi Jaguar. The Ramsung Company is engaged in the manufacture of a wide range of automobile products including diesel engines, generating sets, agro equipment

A crucial difference between an infringement and a passing off action is that in an infringement action, the Plaintiff need not establish any goodwill or reputation in the trademark. In an infringement action, so long as the Defendant commenced use of the mark subsequent to the Plaintiff's registration of the mark, the Plaintiff may restrain the Defendant from using the mark irrespective of whether the trademark has been used by the Plaintiff or whether the Plaintiff has garnered reputation or goodwill under the mark. Significant differences between trademark infringement and passing off: Infringement: Section 29 of the Trade Mark Act, 1999 states about various aspects concerning the infringement. In simple terms, trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The infringement can also be done by the spoken use of the words as well as by the visuals. Passing Off: Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another. Factor Infringement Passing Off Type of remedy Statutory remedy under Section 29(1) of the Trade Mark Act, 1999. Common-Law remedy. Registration Proof It is a pre-requisite. Plaintiff is only required to show deceptive similarity, as there is a presumption of confusion. Not required. Plaintiff is required to prove confusion in public and the likelihood of injury to the plaintiff's goodwill. Jurisdiction The registered user of the trade mark can institute the suit where they actually and voluntarily. Section 20 of the Civil Procedure Code, 1908 would apply. Goodwill/Reputation Plaintiff need not establish any goodwill or reputation in the trademark. Plaintiff must prove goodwill and reputation. Use of Mark Plaintiff can restrain defendant's use irrespective of whether plaintiff has used the mark. Plaintiff must show prior use and reputation.