What is Passing Off in Trademark?

Passing off is a common law remedy in intellectual property law used to protect unregistered trademarks, goodwill, and brand reputation from misuse. It occurs when one party misrepresents its goods or services as those of another, causing consumer confusion. 

Though not explicitly defined, passing off is recognised under Section 27(2) and Section 135 of the Trade Marks Act, 1999. 

To succeed in a passing off action, three elements must be proven: such as goodwill, misrepresentation, and damage. In Cadila Health Care v. Cadila Pharmaceuticals (2001), the Supreme Court laid down tests for deceptive similarity.