The Coca Cola company vs Bisleri International Pvt Ltd, 20 October 2009 : Lawcirca

The Coca Cola company vs Bisleri International Pvt Ltd, 20 October 2009

In this case between Coca Cola Company vs Bisleri International Pvt Ltd plaintiff contended that there is an infringement of trademark within and outside the jurisdiction from where the brand trade. Here the question arises is that what amount to the infringement of Trademark if one decides to go outside the territorial limits of the country to do business with the same Trademark.

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What is the difference between Passing off and Infringement of Trademark?

What is the difference between Passing off and Infringement of Trademark?

To avoid this kind of practice, Law of Passing-Off was passed which is covered under Intellectual Property Rights in India. The law of passing off is provided under Section 134 1 (c) of Trademark Act 1999. (2) And Section 27 of the Trademark Act 1999 provides a common law remedy. It is a common-law tort which is used for unregistered trademark rights ( a trademark which has not been registered under trademark or patent office is known as an unregistered trademark).

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