Trade mark protection for dissolved partnerships extends to receivers, subsisting goodwill, and deceptively similar get-up in passing off claims.

A court receiver appointed over dissolved partnership assets may sue to protect registered trade marks, because a receiver can preserve and enforce property rights in the estate even though legal title remains elsewhere. Passing off may also be maintained where the partnership has ceased trading, if subsisting goodwill continues as a protectable asset until winding up and disposal. Deceptive similarity was found where the rival marks and get-up were phonetically and visually close, with similar packaging and overall presentation, creating a substantial likelihood of confusion. On that basis, interlocutory protection for infringement and passing off was warranted.

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Issues: (i) Whether a Court Receiver appointed over the dissolved partnership's assets could maintain a suit for infringement of the registered trade marks and related reliefs. (ii) Whether passing-off relief could be granted notwithstanding cessation of trading by the partnership, in view of subsisting goodwill in the dissolved firm's business. (iii) Whether the impugned marks and get-up were deceptively similar to the plaintiff's marks so as to justify injunctions for passing off and infringement.

Issue (i): Whether a Court Receiver appointed over the dissolved partnership's assets could maintain a suit for infringement of the registered trade marks and related reliefs.

Analysis: A receiver appointed under the Code of Civil Procedure is empowered to protect, preserve and improve the property in his charge, and may be conferred the powers of the owner, including the power to bring and defend suits. A registered trade mark is property, and the Receiver, standing in the shoes of the owner for purposes of administration and protection, is competent to enforce the rights attached to that property. The fact that title does not vest in the Receiver does not defeat his authority to sue for preservation of the asset.

Conclusion: The suit by the Court Receiver was maintainable.

Issue (ii): Whether passing-off relief could be granted notwithstanding cessation of trading by the partnership, in view of subsisting goodwill in the dissolved firm's business.

Analysis: Passing off protects goodwill in the business, not merely current trading activity. Under partnership law, goodwill is a firm asset and survives dissolution until the affairs are wound up and the asset is sold or otherwise dealt with. Temporary or dissolution-driven cessation of sales does not extinguish goodwill where the marks remain registered and the business has an established reputation. The absence of present sales did not therefore bar protection against misrepresentation that would erode the value of the surviving goodwill.

Conclusion: Passing-off relief was available to the plaintiff.

Issue (iii): Whether the impugned marks and get-up were deceptively similar to the plaintiff's marks so as to justify injunctions for passing off and infringement.

Analysis: The impugned marks were found phonetically and visually close to the plaintiff's marks, with similar word formation, common initial elements, comparable device features, and near-identical bottles, colour scheme and overall get-up. The likelihood of confusion was held to be substantial. In infringement actions based on a similar mark, the test substantially overlaps with passing off when the complaint is likelihood of deception or confusion. The continued registration of the marks also supported interim protection.

Conclusion: The impugned marks were deceptively similar and injunctions were warranted for both passing off and infringement.

Final Conclusion: The plaintiff was entitled to interlocutory protection of the partnership's trade mark assets and goodwill, and the motion succeeded with costs.

Ratio Decidendi: A court receiver appointed to preserve partnership assets may sue to protect registered trade marks as property of the estate, and a dissolved firm's subsisting goodwill may be protected against deceptive similarity even after trading has ceased.

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