Goodwill in passing off actions: In search of balance

Banerjee, Arpan (2018) Goodwill in passing off actions: In search of balance. IDEA: The Law Review of the Franklin Pierce Center for Intellectual Property, 59 (1). pp. 1-23. ISSN 0019-1272

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The question of protecting the reputation of foreign traders has always been contentious in passing off cases. This article argues that a liberal "soft-line" approach (recognized in India and most other Commonwealth jurisdictions) works better than the English "hard-line" approach, not least because of certain practical issues in India. Yet, there have been concerns that the soft-line approach may need to be moderated. This article discusses three recent cases raising the bar for foreign traders claiming a protectable reputation (of the U.K. Supreme Court, Singapore Trade Marks Registry and the Indian Supreme Court). The article disagrees with the reasoning in each of these cases, arguing that the Indian Supreme Court's decision is especially problematic and undermines several Indian precedents recognizing the soft-line approach.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 05 May 2022 02:13
Last Modified: 05 May 2022 02:13


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