Passing off

Plex v. Zee - better never than too late?

In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make…


What’s in a Shape – Protection of a Shape as a Design v. Trademark

One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the…


How Toyota turned the table for Trans-Border Reputation in India

In the recent verdict of the disputed Toyota Jidosha Kabushiki v M/S Prius Auto Industries Ltd, the Supreme Court’s stance on affirming the Delhi High Court’s decision to grant the mark PRIUS to Prius Auto Industries has been heralded as the new will lit (albeit narrower) path of the Trans-Border…