Passing off action will not lie without goodwill in India: Delhi High Court rules against VIP
The dispute arose between Carlton Shoes Ltd, which registered the “Carlton” mark in Class 18 in 1994, and VIP Industries Ltd which acquired Carlton International PLC’s trademark rights in 2004.
The Delhi High Court recently held that in a passing off action under trademark law, goodwill must be established within India and in the specific category of goods for which protection is sought.