With the increasing globalization of our economy and the
adoption of numerous brands and products, the possibility of
parties infringing, diluting or passing off valuable brands,
increase day by day.
Trademark infringement is a violation of the exclusive rights
attached to a registered trademark without the authorization of the
trademark owner or any licensees. Section 29 and 30 of the Trade
Marks Act, 1999 ("the Act") deal with the infringement
action as a remedy against unlawful and unauthorized use of a
trademark. A trademark is diluted when the distinctiveness
of a famous mark is blurred or tarnished by the association with
another similar mark or trade name, irrespective of the goods or
services it is applied to. Besides infringement and dilution,
courts in India also recognize passing off as a remedy under common
law. Passing off is a tort actionable under common law and is
mainly used to protect the goodwill attached with unregistered
trademarks, and is
