'Passing off' is a common tactics to use a similar trade mark. Describe the typical actions and trade mark violation in 'passing off' an action of publicising a body called 'University of Universal Learning'.

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2015
'Passing off' is a common tactics to use a similar trade mark. Describe the typical actions and trade mark violation in 'passing off' an action of publicising a body called 'University of Universal Learning'.

Answer & Explanation:

A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law as such provides for enforcement of registered trademarks through infringement proceedings. Passing off and the law of registered trademarks deal with overlapping factual situations, but deal with them in different ways. Passing off does not confer monopoly rights to any names, marks, get-up. It does not recognize them as property in its own right. Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public. A civil suit can be initiated under the law of passing off in respect of unregistered trade mark. The suit for passing off can be initiated either in the District Court or in the High Court depending on the valuation of the suit. The suit can be at the place where the rights holder or one of the rights holders actually and voluntarily reside or work for gain or carries on business. Section 135 of the Trade Marks Act expressly stipulates that the relief which a Court may grant in any suit for infringement or for passing off referred to in Section 134 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery up of the infringing labels and marks for destruction or erasure. In view of the above, a civil suit can be initiated against the University of Universal Learning for an action of passing off.

Topics: Trademarks

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