No man is entitled to carry on his business to give an impression that he is carrying on the business of another man or has any connection with the business carried on by another man.

In the Monetary Over seas Vs. Montari Industries Ltd. case it has been held that when a defendant does business under a name which is sufficiently close to the name under which the plaintiff is trading and that name has acquired a reputation and the public at large is likely to be misled that the defendant’s business is the business of the plaintiff, or is a branch or department of the plaintiff, the defendant is liable for an action in passing off.

In Ellora Industries Vs. Banarsi Dass & Ors. case it was held that the plaintiffs and the defendants are direct competitors and ‘Ellora’ as a business name suggests association with the plaintiffs’ registered trade mark and, it is suggestive of the fact that the goods come from the same source and, therefore, is a misrepresentation for business purposes as to the origin of goods which the defendants manufacture in the course of their business.

Get notified of new insights

Subscribe to our newsletter to get research-based actionable legal insights delivered directly in your inbox.

You have Successfully Subscribed!