There is no such aesthetic beauty similar to Taj Mahal in this
whole world. Why so? Well, we all would have heard that Shah Jahan
cut off his workers' hands so that there can be no replica of
it. Knowingly or unknowingly this was recognition of the doctrine
of Passing-off. Nobody can give up on their identity so easily,
right?
The Doctrine of Passing off is already discussed in detail in
one of our previous blog posts. So, I take it as an excuse to focus
only on the correlation between
design infringement and passing off remedy. The words of Lord
Halsbury, "Nobody has any right to represent his goods as
the goods of somebody else", give us a brief insight on
the idea of passing off. One has to establish his goodwill,
misrepresentation of his goods, and the damages thereof,
to succeed in his passing off claim.
