Suits for Passing Off

Passing off related to unregistered rights of a person or company, entity, etc. If the trademark has not been registered by the owner and infringement happens, then it becomes a case of passing off. An action of passing off is available to both registered and unregistered trademarks, but a suit for infringement is available for only registered trademarks. While the objective that is aimed to be achieved remains the same in both suits, still they are very different concepts. Kinds of relief available in both the suits are permanent injunction, interim injunction, damages or account of profits, delivery of the infringing goods for destruction and cost of the legal proceedings.