Question

Which of the following is not true about Passing off?

A Statutory remedy Correct Answer Incorrect Answer
B for passing off registration of TM is irrelevant Correct Answer Incorrect Answer
C it protects the limited interests Correct Answer Incorrect Answer
D it protects the interests of an unregistered owner. Correct Answer Incorrect Answer

Solution

Passing off is not guaranteed statutorily. It is a common law principle. Trademarks Act, 1999 does not mention about passing off directly. This is a common law remedy and can be availed against infringement of Trademarks which are unregistered.

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