Enabling Statute - Law Dictionary Search Results

Passing off

infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade … off may fail but a suit for infringement may succeed because the additions, the get-up and trade-dress may enable a defendant to escape in a passing-off action, S.M. Dyechem Ltd. v. Cadbury (India) Ltd., (2000) 5 SCC