In an action for passing off the defendant may set up the following defences: The name, mark or other symbol, the use of which is sought to be restrained, is not distinctive of the plaintiff’s goods or business. The defendant’s use of the mark, name or other symbol is not transfer off his business or …
The miscellaneous cases of passing off a trademark is been listed below : Exhibitions and melas If a name has become associated with the exhibitions held by a person, the use of that name by another for a similar purpose may be restrained. Plaintiffs had been conducting a Diwali Mela at Krishnaswamy Nagar (name of …
Alterations are common everywhere. The company must be responsible for the changes that occur in their memorandum, or article. Alteration in memorandum or article Companies Act, 1956: Section 40 Each and every alteration of memorandum or article is very important to be noted in every copy of the articles. Even the resolution used after such …
If the proposed name includes the name of a registered trademark, then such a name should not be permitted to be registered as the company name unless the consent of the owners of the trademark has been produced by the promoters. If a name is identical with or too nearly resembles the name of which …
