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The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.
The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.
Q. The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?
  • a)
    Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one person's goods as those of another.
  • b)
    Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.
  • c)
    No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark
  • d)
    The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.
Correct answer is option 'A'. Can you explain this answer?
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The concept of goodwill for the business was derived from the idea of reputation of the person.
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Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer?
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Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?a)Passing offis a commonlawtort, which can be used to enforce unregisteredtrademarkrights. Thelawofpassing offprevents one person from misrepresenting his goods or services as that of another. At first it was restricted to the representation of one persons goods as those of another.b)Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries.c)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade markd)The passing off can be claimed by the ultimate customer even if it is the agent or the middleman who in good-faith believes the bona fide intentions of the seller.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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