The question (15 marks)
Distinguish between infringement of a registered trade mark and passing off. Explain the tests applied by the courts to decide deceptive similarity. (15 marks)
Standing MU question on syllabus head 3.9; infringement and passing off.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Law of Trademarks of Intellectual Property Laws.
Authorities you will need
- Cadila Health Care Ltd v. Cadila Pharmaceuticals Ltd
- Parle Products v. J.P. and Co.
- Amritdhara Pharmacy v. Satya Deo Gupta
- N.R. Dongre v. Whirlpool Corporation
- ITC Ltd v. Philip Morris Products S.A.
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.