'Passing Off': A violation of trademark law

[ForhadFaysol]

The term 'passing off' is not familiar to common people. However, it is linked with the trademark rights, both for registered and unregistered users. 'passing off' is unauthorised use of a mark by misrepresenting another party's trademark, both registered and unregistered, in such a way that is likely to damage the goodwill of the original trader. An example will clarify the idea of 'passing off'. Nokia is a widely known mobile phone company. When we go to market to buy Nokia set, we often find other brands which are identical or similar to Nokia with a view to mislead the customers. The companies trying to sell their products by damaging the goodwill of Nokia are causing 'passing off.'

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YES PASSING IS VERY BIG VIOLATION OF TRADE MARK LAW BECAUSE THIS VIOLATION DIRECT EFFECT A CONSUMER AND A COMPANY SUCH AS DECREASE THE CONSUMER BELIEF AND COMPANY WILL GO TO HAMPARED