Passing Off - Law Dictionary Search Results
Home Dictionary Name: passing offPassing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An 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 mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
pass off
pass off 1 : to make public or offer for sale (goods or services) with intent to deceive : palm off [passing his product off as that of the plaintiff's "W. L. Prosser and W. P. Keeton"] see also unfair competition 2 : to give a false identity or character to [they created the documents on the day of the trial and passed them off as being made earlier] ...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Pass such orders as the Tribunal thinks fit
Pass such orders as the Tribunal thinks fit, includes all the powers which are conferred upon the Appellate Assistant Commissioner by section 31 of the Income Tax Act, 1922, Consequently the Tribunal has the authority under this section to direct the Appellate Assistant Commissioner or Income Tax Officer to hold a further enquiry and dispose off the case on the basis of such inquiry, Hukumchand Mills Ltd. v. Commissioner of Income Tax, Bombay, AIR 1967 SC 455....
plagiarize
plagiarize -rized -riz·ing [from plagiary plagiarist, from Latin plagiarius, literally, kidnapper, from plagium netting of game, kidnapping, from plaga net] vt : to copy and pass off (the expression of ideas or words of another) as one's own : use (another's work) without crediting the source [the book contained plagiarized material "Smith v. Little, Brown & Co., 265 F. Supp. 451 (1965)"] vi : to present as new and original an idea or work derived from an existing source pla·gia·rism [-ri-zəm] n pla·gia·rist [-rist] n ...
unfair competition
unfair competition : the common-law tort of passing off one's goods as another's ;broadly : any of various torts (as disparagement) that interfere with the business prospects of a competitor or injure consumers ...
Evaporate
To pass off in vapor as a fluid to escape and be dissipated either in visible vapor or in particles too minute to be visible...
Colourable alteration
Colourable alteration. An alteration or imitation calculated to deceive or otherwise conceived for the purpose of passing off goods as goods of a different make or to evade copyright or trade marks or other rights or property....
Counterfeit
Counterfeit, an imitation of something, made without lawful authority and with a view to defraud by passing off the false for the true. As to counterfeiting coin, see COIN.Ordinarily counterfeiting implies the idea of an exact imitation; but for the purpose of the Indian Penal Code there can be counterfeiting even though the imitation is not exact and there are differences in detail between the original and the imitation so long as the resemblance is so close that deception may thereby be practised, State of U.P. v. Hafiz Mohammad Ismail, AIR 1960 SC 669 (670): (1960) 2 SCR 911. (Indian Penal Code, (1860) s. 28)'Counterfeit' does not connote an exact reproduc-tion, K. Hashim v. State of Tamil Nadu, (2005) 1 SCC 237....
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