S. Syed Mohideen v. P.

Sulochana Bai

The Supreme Court held that a passing off right is a broader remedy than infringement1. This
is because the passing off doctrine is based on the broad idea that no one has the right to
portray his or her business as someone else's. Other than registered rights, which are given
rights under the Act, the alleged deception is maintainable for a variety of grounds.

Based on the foregoing considerations, it can be inferred that the tort law protects "passing
off" The passing off right is broader than the infringement right, which is why it is better than
the law of infringement. Passing off is less difficult in terms of proof, jurisdiction, and the
need for trademark registration.

CONCLUSION

This study article aimed to highlight the narrow line that exists between the civil and criminal
remedies available for the same violation, as well as how civil remedies have a broader
scope. To prove her thesis, the researcher used two wrongs: defamation (both civil and
criminal), passing off vs. trademark infringement. Because tort law is an uncodified law, it
has more remedies to offer. Because the remedies are not rigorous and well-defined, they
vary from case to case. Whereas in any other area of law, the remedies are codified and
already include "damages or punishment." The researcher analysed the validity, remedies,
jurisdiction, proof, Landmark judgements, and basics of two laws in order to show how "tort
remedies are better."

Thereby it can be concluded that-

 The law of torts remedy is better protected than the remedy under section 499 of the
IPC. Criminal defamation has been misused in supressing dissent in the democracy
and is subjected to debate.
 “Passing off” is better protected by the law of torts as passing off right is a wider
remedy than that of infringement.

1
India, l., 2022. Passing off under trademark. [online] Legalservicesindia.com. Available at:
<http://www.legalservicesindia.com/article/1254/Passing-off-under-trademark.html?
msclkid=03af157aaeb511ec9b40ac67b5d96ad0> [Accessed 28 March 2022].