Why Delhi’s Dolma Aunty Momos challenged the use of her trade mark, what the law says

• A recent Delhi High Court ruling revoked a trademark registration due to concerns about misleading customers (passing off).

Protecting Reputation without a Registered Trademark

• "Passing off" is a legal concept that protects the established reputation (goodwill) of a business, even if its trademark isn't officially registered.
• It prevents others from misleading customers by using similar branding or misrepresenting their products or services as belonging to the well-known business.

Registered vs. Unregistered Trademarks

• If a trademark is registered and someone infringes on it, that's a separate legal issue.
• But "passing off" applies when a trademark isn't registered and someone deceives customers into thinking their goods or services are connected to the established business.

Taking Action Against Misrepresentation

• The law recognizes the right of a business to defend its reputation from such misleading practices.
• The business owner can take legal action to stop the deception and protect their customer base.

How Deception Happens

• "Passing off" occurs when someone uses a similar brand name, design, or marketing strategy that creates confusion among customers.
• This can lead them to believe they're buying from the original business, potentially damaging the established brand's reputation.

Beyond Products and Services

• "Passing off" isn't limited to just products and services.
• It can also apply to broader business activities and initiatives, protecting the goodwill associated with a company's overall image.

The Challenge of Proving Deception

• It's important to note that proving "passing off" can be difficult.
• The business owner needs to demonstrate a likelihood of customers being misled about the origin of the products or services in question.

Prelims Takeaway

• Trade mark
• Patent