In the case of Syed Mohideen v. Sulochana Bai, the Supreme Court of India stated that passing off right is a wider remedy than that of infringement. This is because the passing off doctrine operates on the general princi

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 The statutory remedy under Section 29(1) of the Trade mark Act, 1999 Common-Law remedy. Registration It is a pre-requisite. It is not required. Proof Plaintiff is only required to show deceptive similarity, as there is a presumption of conclusion. Apart from proving deceptive similarity the Plaintiff is also 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.