Bata India Ltd. v. Pyare Lal & Co. AIR 1985 All 242
FACTS
The plaintiff had registered the TM ‘Bata’ selling all sorts of footwear and the brand had goodwill and reputation all over the country. The defendants were using the TM ’Batafoam’ which the plaintiff filed a suit of passing off against.
ISSUE
Is there sufficient cause of action to prosecute the defendant for using the TM Batafoam.
HELD
The concept of passing off is that no one has the rights to pass off their goods as somebody else’s. Here the defendant using the Tm Batafoam would cause damage to the reputation and goodwill of the plaintiff. The two terms are visually similar and can cause likelihood of confusion among consumers.
Hence the court ordered the defendant from using this TM.
Video Summary https://www.youtube.com/watch?v=tazZvmBxCjg&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=4