Tony Singh is a popular stage performer and M/s Pon Sun Studios, Chandigarh is having all the rights, titles and interests in the personality of the artist along with the trade. A company started selling miniature toys o

Tony Singh, being the lawful owner of the trade mark, M/s Pon Sun Studios can institute a civil suit seeking a restraint on infringement of the trade mark. The facts are similar to the decided case Daler Mehndi Entertainment v. Baby Gift House & org. In that case, court held that passing off would occur when the mark is being used to create confusion in the minds of the consumer that results in the damage or loss of business for the person or company who are the lawful owner of the trademark.