What are the means adopted for ‘Passing Off Action’?

The following are the methods, which may be adopted by a rival trader to warrant for ‘Passing Off Action’:

  1. Direct false representations
  2. Adoption of a trademark, which is the same or colourable imitations of the trademark os a rival trader.
  3. Adoption of an essential part of rival trader’s name
  4. Copying the get-up or colour scheme of the label used by a trader
  5. Imitating the design or shape of the goods
  6. Adopting the word or name by which the rival trader’s goods or business is known in the market.

 

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