Recounting Passing Off In The “SUPERBRIGHT” Verdict

The common law offence of passing off has occupied a prominent place in trade mark litigation. Alleging S.B. Equipments of a passing off offence, Atul Rawal filed a suit and moved to seek an ad interim injunction to restrain S.B. Enterprises from manufacturing, selling, marketing, advertising or in any manner whatsoever from using an assortment of deceptively or confusingly similar trademarks containing "SUPER BRIGHT" accompanied by various suffixes. They claimed to be proprietor of the marks and stated that they had developed several unique and novel detergent products solely on the basis of its own research and development. They stated that all such products were being marketed and sold under the impugned assortment of trademarks. Averring of the family settlement vide which Rawal had acquired the mark, they stated that the mark was first put to use in 1978.