Shashi Krishna, Symbiosis Law School Hyderabad
ABSTRACT
Trademark infringement and passing off are two acts that are proximately connected and yet, are distinct in their own ways. They are applicable in different scenarios and the factors that constitute both these acts vary as well. This paper aims at understanding what these two acts are, how they are connected and how they are unique. The scope of Intellectual property law has undoubtedly been expanded over the years and trademarks form the essence of intellectual property. The proprietary rights an individual holds over his creations are given precedence over everything else. An act of passing off, which is essentially a tort, is not explicitly elaborated in the Trademarks Act of 1999 but its importance and relation to trademark infringement are aimed to be studied in this paper.
