Bata India Ltd. v. Pyare Lal & Co. AIR 1985 All 242

FACTS:

The plaintiff had registered the TM ‘Bata’ selling all sorts of footwear and the brand had goodwill and reputation all over the country: The defendants were using the TM ’Batafoam’ which the plaintiff filed a suit of passing off against:

ISSUE:

Is there sufficient cause of action to prosecute the defendant for using the TM Batafoam?:

HELD:

The concept of passing off is that no one has the rights to pass off their goods as somebody else’s: Here the defendant using the Tm Batafoam would cause damage to the reputation and goodwill of the plaintiff: The two terms are visually similar and can cause likelihood of confusion among consumers: Hence the court ordered the defendant from using this TM:

Video Summary: https://www.youtube.com/watch?v=tazZvmBxCjg&list=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=4