Passing Off

Defendants be restrained by a temporary order and injunction from using in relation to their medicinal and pharmaceutical preparations and/or as part of their trading name or corporate name the trade mark and/or the word FRANCO/ FRANCO REMEDIES or any mark deceptively similar to the Plaintiffs trademark and trade name FRANCO INDIAN PHARMACEUICAL PRIVATE LIMITED and form passing off 

Indian IPR

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Passing Off

“User of a similar word by a competitor coupled with dishonest intention and bad faith would suffice to restrain such user and misuser, to do equitable justice to the plaintiff,”

Indian IPR
Passing Off

Foreign entity which has no market presence in India, it was essential to establish not only that it enjoys reputation and goodwill outside India, but also that the said reputation and goodwill had transcended territorial boundaries and spilled over to India in order to establish a case of infringement or passing off.

Indian IPR