In common law countries such as England, Australia and New Zealand, passing off is a common lawtort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.
The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.
Passing off and trademark law
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United KingdomTrade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.
Racial passing occurs when a person classified as a member of one racial group is also accepted as a member of a different racial group. The term was used especially in the United States to describe a person of multiracial ancestry assimilating into the white majority during times when legal and social conventions of hypodescent classified the person as a minority, subject to racial segregation and discrimination.
Examples in the United States
In the 18th, 19th, and 20th centuries, some Americans of mixed ancestry passing for Caucasian often claimed Native American, Slavic, or Southern European ancestry to explain skin color and features differing from Caucasian Americans of Northern European (Germanic or Celtic) descent. They were trying to find a way through the binary racial divisions of society, especially in the South, where slavery became closely tied in the colonial era to the foreign status of people of African descent, which prevented them from being considered English subjects. In the 18th and 19th centuries, most free people were classified by appearance and actions. If they looked white, were accepted by neighbors and fulfilled community obligations, they were absorbed into Caucasian or European-American society. Late 19th-century Jim Crow state laws establishing segregation in public facilities, and early 20th-century state laws establishing the "one-drop rule" for racial classification (as in Virginia in 1924), were examples of Caucasians attempting to impose regulations of hypodescent, that is, classifying someone as black based on any black ancestry. Then someone who identified by appearance and majority ancestry might be described as "passing" for Caucasian. In Louisiana, people of color who passed as white were referred to as "passe blanc".
Do you know the difference between trademark infringement and passing off goodwill? It's a question many business owners grapple with. Today, we're going to unravel these two complex concepts, using real-life case studies to illustrate their differences. Imagine a world-renowned beverage company, let's call it 'Company A'. They've spent years building their brand and have a registered trademark for their unique logo. Another company, 'Company B', uses a logo strikingly similar to Company A's. This, dear friends, is a classic case of trademark infringement. Trademark infringement is when a party uses a trademark similar or identical to a registered trademark, leading to confusion among customers. The key point here is that the trademark must be registered.
published: 22 Apr 2024
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For those of you that missed our salute to the 7th generation!! And to those who wanna live it again!
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published: 12 Oct 2014
A Review of the Tort of Passing Off, Trinity Business & Property Barrister, Abigail Cheetham
Taking part in Trinity Chambers' Newcastle 2023 Business & Property Conference, Abigail Cheetham delivered a session entitled:
'Another Man's Goods' - A Review of the Tort of Passing Off
Passing off actions typically involve applications for injunctions on an interim or permanent basis. A claimant may also pursue a range of additional or alternative remedies, which are not often seen in other cases of tort. The tort of Passing Off is a cause of action that has developed exclusively from common law. Therefore, to fully understand this tort, Abigail's talk explores its extensive case law and covers the following:
• Factors to Succeed in Passing Off
• Goodwill
• Misrepresentation
• Damage
• Extended Passing Off
• Remedies
There is a handout that accompanies the session. If you do not have a...
published: 30 Oct 2023
Understanding the principle of passing off and its benefits | Bhavpreet Soni | LawSikho ipr
If a person sells his goods as the goods of another” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens then it becomes a case of passing off.
Read more about Understanding the principle of passing off and its benefits: https://blog.ipleaders.in/trademark-passing-off/
LawSikho Official Website: https://lawsikho.com/
Follow us on the following social media platforms:
Facebook - https://www.facebook.com/lawsikho
Instagram - https://www.instagram.com/lawsikho/
#L...
published: 08 Jul 2021
What is Trademark passing off | Trademark Registration in India | IPR India | Bhavpreet Singh Soni
What is Trademark passing off?
In this video, we have discussed the principle of passing off in the Trademark act in detail.
In INDIA the one who has started using any brand name first can claim a right over it, however, in order to claim such a right you have to file the suit of PASSING OFF and prove all the ingredients of PASSING OFF.
It is always recommended to get your Trademark registered as no one wants to take the risk of losing their Brand name after spending a lot of money on it.
Contact us on +917297051181 to get the consultation with Bhavpreet Sir
Visit our business education channel (Sonisvision):-
https://www.youtube.com/channel/UC3ThbgBDSYLeFwxHnMX8_XA
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published: 03 Dec 2021
What is "Passing off"?
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published: 05 Oct 2022
What does "Passing off" Mean
For more information, visit: https://www.lawdepot.com/?pid=pg-BFYMIBUINL-generaltextlink Passing off is a form of tort, or civil wrong, where a person misrepresents products and services to make them appear to be coming from someone else. Claims that products are affiliated with a party who is not involved in their production are also a form of passing off. If people can demonstrate that this caused damages, they can pursue the case in court and collect compensation. This concept is part of intellectual property law and is designed to provide people with legal measures for addressing situations involving misuse and abuse of branding, service marks, and other identifying features of a business.
published: 15 Jul 2019
PASSING OFF under Law of Torts
this video contains
Rule of PASSING OFF UNDER LAW OF TORT
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published: 25 Apr 2021
Trademark Infringement & Passing Off I Remedies
Trademark Infringement & Passing Off I Remedies
Hello,
Trademark is an Intellectual Property Right protected under the Trademark Act,1999.
In this video we will discuss What constitute Trademark Infringement? What are the provisions in Trademark Act,1999 for Trademark infringement? Which acts constitute infringement of Trademark? What is Passing Off? What remedies are available for infringement & passing off of trademark?
I have tried to mention all important points of this topic in an easy and simple way. The video contains all necessary information on infringement, passing off and remedies in trademark law. The video may help you to understand the concept of infringement, passing off and remedies in trademark law easily.
Important informations are contained in bulletin format which i...
published: 29 Sep 2019
TRADEMARK INFRINGEMENT STORIES & Passing Off || Infringement Of Trademark
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Do you know the difference between trademark infringement and passing off goodwill? It's a question many business owners grapple with. Today, we're going to unr...
Do you know the difference between trademark infringement and passing off goodwill? It's a question many business owners grapple with. Today, we're going to unravel these two complex concepts, using real-life case studies to illustrate their differences. Imagine a world-renowned beverage company, let's call it 'Company A'. They've spent years building their brand and have a registered trademark for their unique logo. Another company, 'Company B', uses a logo strikingly similar to Company A's. This, dear friends, is a classic case of trademark infringement. Trademark infringement is when a party uses a trademark similar or identical to a registered trademark, leading to confusion among customers. The key point here is that the trademark must be registered.
Do you know the difference between trademark infringement and passing off goodwill? It's a question many business owners grapple with. Today, we're going to unravel these two complex concepts, using real-life case studies to illustrate their differences. Imagine a world-renowned beverage company, let's call it 'Company A'. They've spent years building their brand and have a registered trademark for their unique logo. Another company, 'Company B', uses a logo strikingly similar to Company A's. This, dear friends, is a classic case of trademark infringement. Trademark infringement is when a party uses a trademark similar or identical to a registered trademark, leading to confusion among customers. The key point here is that the trademark must be registered.
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For th...
SONG DOWNLOADS
iTunes ▶ http://jtmch.co/2zCslSE
Spotify ▶ http://jtmch.co/2zwflyI
Google Play ▶ http://jtmch.co/2AaTIYG
Amazon ▶ http://jtmch.co/2ia03wo
For those of you that missed our salute to the 7th generation!! And to those who wanna live it again!
Follow us on Twitter! ▶ http://jtmch.co/JTMTwitter
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Follow our Instagram ▶ http://jtmch.co/JTMInsta
Want to use our music? Read this first: https://jtmch.co/2OybPuA
SONG DOWNLOADS
iTunes ▶ http://jtmch.co/2zCslSE
Spotify ▶ http://jtmch.co/2zwflyI
Google Play ▶ http://jtmch.co/2AaTIYG
Amazon ▶ http://jtmch.co/2ia03wo
For those of you that missed our salute to the 7th generation!! And to those who wanna live it again!
Follow us on Twitter! ▶ http://jtmch.co/JTMTwitter
Like us on Facebook! ▶ http://jtmch.co/1rojUWT
Follow our Instagram ▶ http://jtmch.co/JTMInsta
Want to use our music? Read this first: https://jtmch.co/2OybPuA
Taking part in Trinity Chambers' Newcastle 2023 Business & Property Conference, Abigail Cheetham delivered a session entitled:
'Another Man's Goods' - A Review...
Taking part in Trinity Chambers' Newcastle 2023 Business & Property Conference, Abigail Cheetham delivered a session entitled:
'Another Man's Goods' - A Review of the Tort of Passing Off
Passing off actions typically involve applications for injunctions on an interim or permanent basis. A claimant may also pursue a range of additional or alternative remedies, which are not often seen in other cases of tort. The tort of Passing Off is a cause of action that has developed exclusively from common law. Therefore, to fully understand this tort, Abigail's talk explores its extensive case law and covers the following:
• Factors to Succeed in Passing Off
• Goodwill
• Misrepresentation
• Damage
• Extended Passing Off
• Remedies
There is a handout that accompanies the session. If you do not have a copy and would like one, please email [email protected].
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.
Taking part in Trinity Chambers' Newcastle 2023 Business & Property Conference, Abigail Cheetham delivered a session entitled:
'Another Man's Goods' - A Review of the Tort of Passing Off
Passing off actions typically involve applications for injunctions on an interim or permanent basis. A claimant may also pursue a range of additional or alternative remedies, which are not often seen in other cases of tort. The tort of Passing Off is a cause of action that has developed exclusively from common law. Therefore, to fully understand this tort, Abigail's talk explores its extensive case law and covers the following:
• Factors to Succeed in Passing Off
• Goodwill
• Misrepresentation
• Damage
• Extended Passing Off
• Remedies
There is a handout that accompanies the session. If you do not have a copy and would like one, please email [email protected].
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.
If a person sells his goods as the goods of another” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to prot...
If a person sells his goods as the goods of another” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens then it becomes a case of passing off.
Read more about Understanding the principle of passing off and its benefits: https://blog.ipleaders.in/trademark-passing-off/
LawSikho Official Website: https://lawsikho.com/
Follow us on the following social media platforms:
Facebook - https://www.facebook.com/lawsikho
Instagram - https://www.instagram.com/lawsikho/
#LawSikho #IPR #passingoff
If a person sells his goods as the goods of another” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens then it becomes a case of passing off.
Read more about Understanding the principle of passing off and its benefits: https://blog.ipleaders.in/trademark-passing-off/
LawSikho Official Website: https://lawsikho.com/
Follow us on the following social media platforms:
Facebook - https://www.facebook.com/lawsikho
Instagram - https://www.instagram.com/lawsikho/
#LawSikho #IPR #passingoff
What is Trademark passing off?
In this video, we have discussed the principle of passing off in the Trademark act in detail.
In INDIA the one who has started u...
What is Trademark passing off?
In this video, we have discussed the principle of passing off in the Trademark act in detail.
In INDIA the one who has started using any brand name first can claim a right over it, however, in order to claim such a right you have to file the suit of PASSING OFF and prove all the ingredients of PASSING OFF.
It is always recommended to get your Trademark registered as no one wants to take the risk of losing their Brand name after spending a lot of money on it.
Contact us on +917297051181 to get the consultation with Bhavpreet Sir
Visit our business education channel (Sonisvision):-
https://www.youtube.com/channel/UC3ThbgBDSYLeFwxHnMX8_XA
Gadgets we use :-
Boya Mic:- https://amzn.to/3lwz0JS
Camera :- https://amzn.to/3rWGY0g
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Latest video link :-
Different types of Trademark :-
https://youtu.be/GrV8wvDOrVk
Benefits of creating a Private limited company for startups :-
https://youtu.be/Dwt-H9rILR8
What is a TMC certificate | How to get your Logo Trademark in all Classes :-
https://youtu.be/pfteajKFAT4
What is Non disclosure agreement (NDA) | Types, Benefits & Process By Bhavpreet Singh Soni in 2021 :-
https://youtu.be/WZUJSxnsE2Y
What is a Private Limited firm :-
https://youtu.be/b5sQOnIs818
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https://youtu.be/B1wbKVhnMMw
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What is Trademark passing off?
In this video, we have discussed the principle of passing off in the Trademark act in detail.
In INDIA the one who has started using any brand name first can claim a right over it, however, in order to claim such a right you have to file the suit of PASSING OFF and prove all the ingredients of PASSING OFF.
It is always recommended to get your Trademark registered as no one wants to take the risk of losing their Brand name after spending a lot of money on it.
Contact us on +917297051181 to get the consultation with Bhavpreet Sir
Visit our business education channel (Sonisvision):-
https://www.youtube.com/channel/UC3ThbgBDSYLeFwxHnMX8_XA
Gadgets we use :-
Boya Mic:- https://amzn.to/3lwz0JS
Camera :- https://amzn.to/3rWGY0g
Tripod for mobile :- https://amzn.to/3jnCvzC
Tripod for Camera :- https://amzn.to/3jsd0wW
Background green screen for shooting :- https://amzn.to/3jsd0wW
Light with Stand for Camera Smartphone :- https://amzn.to/2Vt8E0F
Shooting light for studio setup :- https://amzn.to/2WY6ira
Isolation Shield Portable :- https://amzn.to/3jp9FyT
Laptop we use for editing :- https://amzn.to/2WNiVFi
Desktop for editing :- https://amzn.to/3jlUjeE
The knowledge Center you can refer to:-
The Lean Startup:- https://amzn.to/3jE7uaT
World’s Greatest Books For Personal Growth :- https://amzn.to/3lJi82M
The E-myth Revisited :- https://amzn.to/3CrDPKC
Influence: The Psychology of Persuasion, by Robert Cialdini :- https://amzn.to/3fGRjs2
The Psychology of Selling and Persuasion: Learn the Real Techniques to Close the Sale Every Time using Proven Principles of Psychology, Manipulation, and Persuasion :- https://amzn.to/3yxDVOq
Hooked: How to Build Habit Forming Products :- https://amzn.to/3Aq4mpY
The Personal MBA :- https://amzn.to/3CsrqGf
The Entrepreneur Mind :- https://amzn.to/3yxj0ev
Latest video link :-
Different types of Trademark :-
https://youtu.be/GrV8wvDOrVk
Benefits of creating a Private limited company for startups :-
https://youtu.be/Dwt-H9rILR8
What is a TMC certificate | How to get your Logo Trademark in all Classes :-
https://youtu.be/pfteajKFAT4
What is Non disclosure agreement (NDA) | Types, Benefits & Process By Bhavpreet Singh Soni in 2021 :-
https://youtu.be/WZUJSxnsE2Y
What is a Private Limited firm :-
https://youtu.be/b5sQOnIs818
How to get Investors for your Startup:-
https://youtu.be/B1wbKVhnMMw
Write us your queries on:-
WhatsApp - https://wa.me/message/PT53XRBA27JDF1
Instagram link for Sonisvision :- https://www.instagram.com/sonisvision/
Bhavpreet Sir Instagram Link :- https://www.instagram.com/bhavpreetsoni/
LinkedIn Profile link of Bhavpreet Sir :–
https://www.linkedin.com/in/bhavpreet-singh-soni-29bb98197/
Facebook page of Sonisvision : - https://www.facebook.com/sonisvision
Website link :- https://sonisvision.in/
Mobile Application link of Sonisvision :- https://play.google.com/store/apps/details?id=com.sonisvision
Drop your request on this form for Job related Queries : - https://forms.gle/bH6cEYGYsWqyZjxT6
#Trademarkpassingoff
#Sonisvisionlegal
#Conceptoftrademarkpassingoff
#hindi
#trademarkinfrigenment
#passingoff
#Contractact
#infringementoftrademarkanditsremedies
#principleofpassingoff
#passingoffintrademark
#passingofintort
#lawofpassingoff
#intellectualpropertyrights
#infrigenmentoftrademarkandpassingoff
I am a Delhi based lawyer.
You can send me your stories at [email protected]
https://wa.me/+919958177114
I post regularly on:
Youtube: https://www.you...
I am a Delhi based lawyer.
You can send me your stories at [email protected]
https://wa.me/+919958177114
I post regularly on:
Youtube: https://www.youtube.com/channel/UC_39GbojQPbzFX5xqB0Gu2g
Instagram: https://www.instagram.com/bettercallamish/
LinkedIn: https://www.linkedin.com/in/amish-aggarwala-45978246/
7 THINGS MEN SHOULD KNOW BEFORE GETTING MARRIED: STORIES OF FALSE CASES AND LEGAL BATTLES IN INDIA:
https://www.amazon.in/dp/B0879CWDWJ/ref=cm_sw_r_wa_apa_i_1e1ZEb37FQP23
#lawyer #law #court #lawstudent
I am a Delhi based lawyer.
You can send me your stories at [email protected]
https://wa.me/+919958177114
I post regularly on:
Youtube: https://www.youtube.com/channel/UC_39GbojQPbzFX5xqB0Gu2g
Instagram: https://www.instagram.com/bettercallamish/
LinkedIn: https://www.linkedin.com/in/amish-aggarwala-45978246/
7 THINGS MEN SHOULD KNOW BEFORE GETTING MARRIED: STORIES OF FALSE CASES AND LEGAL BATTLES IN INDIA:
https://www.amazon.in/dp/B0879CWDWJ/ref=cm_sw_r_wa_apa_i_1e1ZEb37FQP23
#lawyer #law #court #lawstudent
For more information, visit: https://www.lawdepot.com/?pid=pg-BFYMIBUINL-generaltextlink Passing off is a form of tort, or civil wrong, where a person misr...
For more information, visit: https://www.lawdepot.com/?pid=pg-BFYMIBUINL-generaltextlink Passing off is a form of tort, or civil wrong, where a person misrepresents products and services to make them appear to be coming from someone else. Claims that products are affiliated with a party who is not involved in their production are also a form of passing off. If people can demonstrate that this caused damages, they can pursue the case in court and collect compensation. This concept is part of intellectual property law and is designed to provide people with legal measures for addressing situations involving misuse and abuse of branding, service marks, and other identifying features of a business.
For more information, visit: https://www.lawdepot.com/?pid=pg-BFYMIBUINL-generaltextlink Passing off is a form of tort, or civil wrong, where a person misrepresents products and services to make them appear to be coming from someone else. Claims that products are affiliated with a party who is not involved in their production are also a form of passing off. If people can demonstrate that this caused damages, they can pursue the case in court and collect compensation. This concept is part of intellectual property law and is designed to provide people with legal measures for addressing situations involving misuse and abuse of branding, service marks, and other identifying features of a business.
this video contains
Rule of PASSING OFF UNDER LAW OF TORT
thank you for watching
if you have any queries you can ask me kn comment section or you can follow...
this video contains
Rule of PASSING OFF UNDER LAW OF TORT
thank you for watching
if you have any queries you can ask me kn comment section or you can follow me in Instagram
https://www.instagram.com/p/CM-JW3klZN8/?igshid=1j6g3ejujghef
_________________________________________
How to prepare AJS at home
https://youtu.be/ywwB3-UlX9E
How to prepare for prelims
https://youtu.be/TTukbdjAnk4
Law Books for AJS preliminary exam
https://youtu.be/ma4Bor0iIo4
GS books for AJS for prelims
https://youtu.be/MKi2Lq0e3Wk
Solved Prelims paper 2020
https://youtu.be/uFsoIV2sfng
this video contains
Rule of PASSING OFF UNDER LAW OF TORT
thank you for watching
if you have any queries you can ask me kn comment section or you can follow me in Instagram
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_________________________________________
How to prepare AJS at home
https://youtu.be/ywwB3-UlX9E
How to prepare for prelims
https://youtu.be/TTukbdjAnk4
Law Books for AJS preliminary exam
https://youtu.be/ma4Bor0iIo4
GS books for AJS for prelims
https://youtu.be/MKi2Lq0e3Wk
Solved Prelims paper 2020
https://youtu.be/uFsoIV2sfng
Trademark Infringement & Passing Off I Remedies
Hello,
Trademark is an Intellectual Property Right protected under the Trademark Act,1999.
In this video we w...
Trademark Infringement & Passing Off I Remedies
Hello,
Trademark is an Intellectual Property Right protected under the Trademark Act,1999.
In this video we will discuss What constitute Trademark Infringement? What are the provisions in Trademark Act,1999 for Trademark infringement? Which acts constitute infringement of Trademark? What is Passing Off? What remedies are available for infringement & passing off of trademark?
I have tried to mention all important points of this topic in an easy and simple way. The video contains all necessary information on infringement, passing off and remedies in trademark law. The video may help you to understand the concept of infringement, passing off and remedies in trademark law easily.
Important informations are contained in bulletin format which is easy to understand and remember. The topic is important for all Law aspirants and also for those preparing for competitive exams such as: LLM, CLAT, UGC NTA NET, UPSC, IAS, Judiciary, Bank SO, APO etc.
Boost your knowledge and preparation by watching the videos till the end. I hope the Video will be beneficial for you all.
Visit the Playlist of my channel Law Gurukul for all lectures on UGC NTA NET Exam, 2019.
The topic is explained in a very easy way.
Trademark introduction: https://youtu.be/TEu8WmeEp-U
Intellectual Property Rights Introduction: https://youtu.be/K8QX5KzKDSQ
Patent Meaning & Concept:https://youtu.be/e46GmtDdrgo
Copyright Law: https://youtu.be/eDkArxbyCuI
Patent Infringement: https://youtu.be/KGtgsWLpqEY
Case laws on Copyright law: https://youtu.be/ZW-HmXafB5I
For more lectures on Law Subjects please SUBSCRIBE THE CHANNEL AND PRESS THE BELL ICON for all updates.
Please LIKE & SHARE the video.
Thank You.
#TrademarkLaw
#Infringement&PassingOff
#Remedies
Trademark Infringement & Passing Off I Remedies
Hello,
Trademark is an Intellectual Property Right protected under the Trademark Act,1999.
In this video we will discuss What constitute Trademark Infringement? What are the provisions in Trademark Act,1999 for Trademark infringement? Which acts constitute infringement of Trademark? What is Passing Off? What remedies are available for infringement & passing off of trademark?
I have tried to mention all important points of this topic in an easy and simple way. The video contains all necessary information on infringement, passing off and remedies in trademark law. The video may help you to understand the concept of infringement, passing off and remedies in trademark law easily.
Important informations are contained in bulletin format which is easy to understand and remember. The topic is important for all Law aspirants and also for those preparing for competitive exams such as: LLM, CLAT, UGC NTA NET, UPSC, IAS, Judiciary, Bank SO, APO etc.
Boost your knowledge and preparation by watching the videos till the end. I hope the Video will be beneficial for you all.
Visit the Playlist of my channel Law Gurukul for all lectures on UGC NTA NET Exam, 2019.
The topic is explained in a very easy way.
Trademark introduction: https://youtu.be/TEu8WmeEp-U
Intellectual Property Rights Introduction: https://youtu.be/K8QX5KzKDSQ
Patent Meaning & Concept:https://youtu.be/e46GmtDdrgo
Copyright Law: https://youtu.be/eDkArxbyCuI
Patent Infringement: https://youtu.be/KGtgsWLpqEY
Case laws on Copyright law: https://youtu.be/ZW-HmXafB5I
For more lectures on Law Subjects please SUBSCRIBE THE CHANNEL AND PRESS THE BELL ICON for all updates.
Please LIKE & SHARE the video.
Thank You.
#TrademarkLaw
#Infringement&PassingOff
#Remedies
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**LISTEN TO THE A.M. (Ambitious + Motivated) PODCAST FOR ENTREPRENEURS WITH MARCELLA
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Spotify: https://open.spotify.com/show/0dh4GPzvUqJI6vGLKAEDBc?si=98ZVCa_aTuOSG7H5GV8NGw
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ON ITUNES:
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ON SOUNDCLOUD:
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--------------------------
**PS DIY TRADEMARK APPLICATION: REGISTER YOUR MARK NOW!
https://www.marcellatm.com/trademarkit
--------------------------
About Marcella!
She has a strong interest in Trademark Law and Copyright Law and is driven by her belief that protecting creativity is crucial to lasting success. Her personal creative pursuits, such as managing stoweyjoey.com- a company inspired by her own kids, give her a unique perspective that other creative legal counsel may lack. She can hardly call her passion for defending the rights of creatives “work”.
--------------------------------------------------
SAY HI ON SOCIAL
Website: https://marcellatm.com/
Instagram: https://www.instagram.com/artsmusiclawyer/
LinkedIn: https://www.linkedin.com/in/artsmusiclawyer
Facebook: https://www.facebook.com/artsmusiclawyer
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#How_To_Be_Successful_On_Etsy
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#Trademark_Infringement
SCHEDULE A CALL w/ MARCELLA
https://bit.ly/3jYXVSh
HIRE US FOR YOUR TRADEMARK/ONLINE BUSINESS
OUR LAW FIRM:
https://www.marcellatm.com
[email protected]
Schedule a call https://bit.ly/3jYXVSh
*MAKE MONEY! BECOME AN AFFILIATE: DIY TRADEMARK COURSE
https://forms.gle/TnYYdRYfAer7CfXE8
+++++++++++++++++++++++++++++++++++++++++++++
--ALL OF THE YOUTUBE EQUIPMENT I USE—
CAMERA https://amzn.to/35kjWaa
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Disclaimer: Marcella is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon.com.
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FIVERR (hire help): https://track.fiverr.com/visit/?bta=47708&brand=fiverrcpa
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______________________________________________________
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----------------------------------------------------------------------------------------------------------------------
**LISTEN TO THE A.M. (Ambitious + Motivated) PODCAST FOR ENTREPRENEURS WITH MARCELLA
Apple: https://podcasts.apple.com/us/podcast/the-a-m-show-with-marcella-dominguez/id1434615083
Spotify: https://open.spotify.com/show/0dh4GPzvUqJI6vGLKAEDBc?si=98ZVCa_aTuOSG7H5GV8NGw
Stitcher: https://www.stitcher.com/podcast/marcella-dominguez/the-am-show
Soundcloud: https://soundcloud.com/user-760082958
_________________________________________
SAY HI ON SOCIAL
Instagram: https://www.instagram.com/artsmusiclawyer/
LinkedIn: https://www.linkedin.com/in/artsmusiclawyer
Facebook: https://www.facebook.com/artsmusiclawyer
**PS DIY TRADEMARK APPLICATION: REGISTER YOUR MARK NOW!
https://www.marcellatm.com/trademarkit
++++++++++++++++++++++++++++++++++++++++++++++++++++
❗COURSE: LEARN HOW TO FILE YOUR DIY TM THE RIGHT WAY
https://gumroad.com/trademarklawyer
🔒DIY TRADEMARK APPLICATION STEP BY STEP
https://www.marcellatm.com/trademarkit
📝HIRE US
OUR LAW FIRM: https://marcellatm.com
[email protected]
____________________________________________
FREE TRADEMARK CHEATSHEET
https://bit.ly/3pZ6AbS
++++++++++++++++++++++++++++++++++++++++++++++++++++
BUSINESS TOOLS I RECOMMEND
Fiverr
https://track.fiverr.com/visit/?bta=47708&brand=fiverrcpa
WordPress
https://wordpress.com/alp/?aff=22448
--------------------------
Listen to The A.M. (Ambitious and Motivated) Show for Entrepreneurs with Marcella:
ON ITUNES:
https://itunes.apple.com/us/podcast/the-a-m-show-with-marcella-dominguez/id1434615083?mt=2
ON SOUNDCLOUD:
https://soundcloud.com/user-760082958
--------------------------
**PS DIY TRADEMARK APPLICATION: REGISTER YOUR MARK NOW!
https://www.marcellatm.com/trademarkit
--------------------------
About Marcella!
She has a strong interest in Trademark Law and Copyright Law and is driven by her belief that protecting creativity is crucial to lasting success. Her personal creative pursuits, such as managing stoweyjoey.com- a company inspired by her own kids, give her a unique perspective that other creative legal counsel may lack. She can hardly call her passion for defending the rights of creatives “work”.
--------------------------------------------------
SAY HI ON SOCIAL
Website: https://marcellatm.com/
Instagram: https://www.instagram.com/artsmusiclawyer/
LinkedIn: https://www.linkedin.com/in/artsmusiclawyer
Facebook: https://www.facebook.com/artsmusiclawyer
Do you know the difference between trademark infringement and passing off goodwill? It's a question many business owners grapple with. Today, we're going to unravel these two complex concepts, using real-life case studies to illustrate their differences. Imagine a world-renowned beverage company, let's call it 'Company A'. They've spent years building their brand and have a registered trademark for their unique logo. Another company, 'Company B', uses a logo strikingly similar to Company A's. This, dear friends, is a classic case of trademark infringement. Trademark infringement is when a party uses a trademark similar or identical to a registered trademark, leading to confusion among customers. The key point here is that the trademark must be registered.
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Taking part in Trinity Chambers' Newcastle 2023 Business & Property Conference, Abigail Cheetham delivered a session entitled:
'Another Man's Goods' - A Review of the Tort of Passing Off
Passing off actions typically involve applications for injunctions on an interim or permanent basis. A claimant may also pursue a range of additional or alternative remedies, which are not often seen in other cases of tort. The tort of Passing Off is a cause of action that has developed exclusively from common law. Therefore, to fully understand this tort, Abigail's talk explores its extensive case law and covers the following:
• Factors to Succeed in Passing Off
• Goodwill
• Misrepresentation
• Damage
• Extended Passing Off
• Remedies
There is a handout that accompanies the session. If you do not have a copy and would like one, please email [email protected].
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.
If a person sells his goods as the goods of another” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark. When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens then it becomes a case of passing off.
Read more about Understanding the principle of passing off and its benefits: https://blog.ipleaders.in/trademark-passing-off/
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#LawSikho #IPR #passingoff
What is Trademark passing off?
In this video, we have discussed the principle of passing off in the Trademark act in detail.
In INDIA the one who has started using any brand name first can claim a right over it, however, in order to claim such a right you have to file the suit of PASSING OFF and prove all the ingredients of PASSING OFF.
It is always recommended to get your Trademark registered as no one wants to take the risk of losing their Brand name after spending a lot of money on it.
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What is a TMC certificate | How to get your Logo Trademark in all Classes :-
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For more information, visit: https://www.lawdepot.com/?pid=pg-BFYMIBUINL-generaltextlink Passing off is a form of tort, or civil wrong, where a person misrepresents products and services to make them appear to be coming from someone else. Claims that products are affiliated with a party who is not involved in their production are also a form of passing off. If people can demonstrate that this caused damages, they can pursue the case in court and collect compensation. This concept is part of intellectual property law and is designed to provide people with legal measures for addressing situations involving misuse and abuse of branding, service marks, and other identifying features of a business.
this video contains
Rule of PASSING OFF UNDER LAW OF TORT
thank you for watching
if you have any queries you can ask me kn comment section or you can follow me in Instagram
https://www.instagram.com/p/CM-JW3klZN8/?igshid=1j6g3ejujghef
_________________________________________
How to prepare AJS at home
https://youtu.be/ywwB3-UlX9E
How to prepare for prelims
https://youtu.be/TTukbdjAnk4
Law Books for AJS preliminary exam
https://youtu.be/ma4Bor0iIo4
GS books for AJS for prelims
https://youtu.be/MKi2Lq0e3Wk
Solved Prelims paper 2020
https://youtu.be/uFsoIV2sfng
Trademark Infringement & Passing Off I Remedies
Hello,
Trademark is an Intellectual Property Right protected under the Trademark Act,1999.
In this video we will discuss What constitute Trademark Infringement? What are the provisions in Trademark Act,1999 for Trademark infringement? Which acts constitute infringement of Trademark? What is Passing Off? What remedies are available for infringement & passing off of trademark?
I have tried to mention all important points of this topic in an easy and simple way. The video contains all necessary information on infringement, passing off and remedies in trademark law. The video may help you to understand the concept of infringement, passing off and remedies in trademark law easily.
Important informations are contained in bulletin format which is easy to understand and remember. The topic is important for all Law aspirants and also for those preparing for competitive exams such as: LLM, CLAT, UGC NTA NET, UPSC, IAS, Judiciary, Bank SO, APO etc.
Boost your knowledge and preparation by watching the videos till the end. I hope the Video will be beneficial for you all.
Visit the Playlist of my channel Law Gurukul for all lectures on UGC NTA NET Exam, 2019.
The topic is explained in a very easy way.
Trademark introduction: https://youtu.be/TEu8WmeEp-U
Intellectual Property Rights Introduction: https://youtu.be/K8QX5KzKDSQ
Patent Meaning & Concept:https://youtu.be/e46GmtDdrgo
Copyright Law: https://youtu.be/eDkArxbyCuI
Patent Infringement: https://youtu.be/KGtgsWLpqEY
Case laws on Copyright law: https://youtu.be/ZW-HmXafB5I
For more lectures on Law Subjects please SUBSCRIBE THE CHANNEL AND PRESS THE BELL ICON for all updates.
Please LIKE & SHARE the video.
Thank You.
#TrademarkLaw
#Infringement&PassingOff
#Remedies
DISCOUNTED MASTERCLASS⭐️💯
https://bit.ly/3GwYY8W
FREE TRADEMARK CHEATSHEET
https://bit.ly/3pZ6AbS
#Etsy_Trademark_Infringement_Copyright
#Etsy_Account_Suspended
#How_To_Be_Successful_On_Etsy
#How_To_Make_Etsy_Trademark_Infringement
#Trademark_Infringement
SCHEDULE A CALL w/ MARCELLA
https://bit.ly/3jYXVSh
HIRE US FOR YOUR TRADEMARK/ONLINE BUSINESS
OUR LAW FIRM:
https://www.marcellatm.com
[email protected]
Schedule a call https://bit.ly/3jYXVSh
*MAKE MONEY! BECOME AN AFFILIATE: DIY TRADEMARK COURSE
https://forms.gle/TnYYdRYfAer7CfXE8
+++++++++++++++++++++++++++++++++++++++++++++
--ALL OF THE YOUTUBE EQUIPMENT I USE—
CAMERA https://amzn.to/35kjWaa
LIGHTING https://amzn.to/3ieZawd
BACKDROP https://amzn.to/32bcRXu
PORTABLE TRIPOD https://amzn.to/2Fad2JW
TRIPOD 2 https://amzn.to/35fdAsJ
iPhone https://amzn.to/37mJKTF
PC https://amzn.to/2LwE5BU
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Disclaimer: Marcella is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon.com.
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**LISTEN TO THE A.M. (Ambitious + Motivated) PODCAST FOR ENTREPRENEURS WITH MARCELLA
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BUSINESS TOOLS I RECOMMEND
Fiverr
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WordPress
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Listen to The A.M. (Ambitious and Motivated) Show for Entrepreneurs with Marcella:
ON ITUNES:
https://itunes.apple.com/us/podcast/the-a-m-show-with-marcella-dominguez/id1434615083?mt=2
ON SOUNDCLOUD:
https://soundcloud.com/user-760082958
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**PS DIY TRADEMARK APPLICATION: REGISTER YOUR MARK NOW!
https://www.marcellatm.com/trademarkit
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About Marcella!
She has a strong interest in Trademark Law and Copyright Law and is driven by her belief that protecting creativity is crucial to lasting success. Her personal creative pursuits, such as managing stoweyjoey.com- a company inspired by her own kids, give her a unique perspective that other creative legal counsel may lack. She can hardly call her passion for defending the rights of creatives “work”.
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In common law countries such as England, Australia and New Zealand, passing off is a common lawtort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.
The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.
Passing off and trademark law
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United KingdomTrade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.
For Forest, this is a simply a ride supporters do not want to step off ...Cody Gakpo had Liverpool’s first effort, sidestepping Yates and then blasting over, off balance ... At the same time things were not coming off.
Between lift passes, lodging, gear and overpriced on-mountain meals, a winter wonderland getaway certainly can come with a hefty price tag ...Consider a resort pass ... it’s worth it to plan early and do one of those passes for sure.".
Their quarterback, Matthew Stafford, may have also gotten away with a fumble, or at least intentional grounding, when he pulled off a dangerous pass attempt to avoid a first-half sack ...Stafford's pass ...
A moment later he made a fine pass in the sequence leading to Ekholm’s hammer off the post ...Charged ahead in the third but missed the net off Janmark’s pass ... He moved in fast to launch a Grade A early in the second off a Kapanen pass.
With most of the top pass catchers off the board, Wallace will be one of the most coveted offensive players available in the transfer portal. In College FootballPlayoff games against SMU and Boise State, Wallace caught seven passes for 85 yards.
Wild CardWeekend is in the books, and we are off to the divisional round ... 1 seeds, who got the week off, are still the favorites to win Super BowlLIX, but each wild-card winner gave us a reason to believe why they, too, could make a run.
That never happened, and the Vikings were run off the field by the Rams ... The only issue? The officials ruled that it was an incomplete pass, and the points were taken off the board.
Sam Darnold’s playoff debut gets off to disastrous start with two Vikings turnovers ... He was sacked five times before the break and threw an interception when Cobie Durant picked off a pass intended for Jordan Addison.
were the ones mostly put on islands when Rockets center Alperen Sengün would have the ball near the free-throw line, deciding if he wanted to take the shot or drop off a pass to Thompson.
Made possible by priceless.com – and exclusively available if you have a Mastercard card – these Finals Pass tickets are available at 20 percent off until Saturday January 25... Dhs2,148 per pass (Discounted price).
Stafford got the Rams off to a rousing start, completing six passes on the game's opening drive which was capped by a five-yard touchdown pass to Kyren Williams... Stafford found Davis Allen with a 13-yard scoring pass to make it 24-3 at the break.
Stafford got the Rams off to a rousing start, completing six passes on the game's opening drive which was capped by a five-yard touchdown pass to Kyren Williams... Stafford found Davis Allen with a 13-yard scoring pass to make it 24-3 at the break.
He was sacked five times before the break and threw an interception when Cobie Durant picked off a pass intended for Jordan Addison ...Officials called it a fumble on the field, but it was ruled an incomplete pass after a replay review.
He was sacked five times before the break and threw an interception when Cobie Durant picked off a pass intended for Jordan Addison ...Officials called it a fumble on the field, but it was ruled an incomplete pass after a replay review.