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ARTICLE · 25 SEPTEMBER 2023

Quantifying Goodwill In Passing-Off Suits Through Sales And Advertisement Expenses

In the realm of intellectual property rights and commercial disputes, cases of passing-off often present complex legal challenges. Passing-off refers to the deceptive practice of one party...

IndiaMedia, Telecoms, IT, Entertainment

In the realm of intellectual property rights and commercial disputes, cases of passing-off often present complex legal challenges. Passing-off refers to the deceptive practice of one party misrepresenting their goods or services as those of another, thereby capitalizing on the goodwill built by the legitimate business. In a recent legal development, the case of Brihan Karan Sugar Syndicate Private Limited vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (CIVIL APPEAL NO. 2768 OF 2023) has shed light on the significance of figures related to sales and advertisement expenses in passing-off lawsuits. This article will delve into this critical aspect of passing-off litigation, emphasizing the burden on the plaintiff to prove the link between these figures and goodwill.

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