https://www.taxtmi.com/caselaws?id=160655 A passing off claim can support ad interim injunction where the plaintiff shows a distinctive business name, protectable goodwill, likelihood of deception, and probable injury. At the interlocutory stage, proof of fraud or actual damage is not required; the court applies the settled tests of prima facie case, balance of convenience, and irreparable injury. Use of the distinctive word "Muktajivan" by competitors in the same line of colour lab and studio services created a clear risk of confusion and diversion of customers, and proximity within the same city did not remove that risk. The plaintiff was entitled to temporary relief, and refusal of injunction was unsustainable. en-us Tue, 04 Dec 2001 00:00:00 +0530 Wed, 25 Jun 2014 16:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160655 A passing off claim can support ad interim injunction where the plaintiff shows a distinctive business name, protectable goodwill, likelihood of deception, and probable injury. At the interlocutory stage, proof of fraud or actual damage is not required; the court applies the settled tests of prima facie case, balance of convenience, and irreparable injury. Use of the distinctive word "Muktajivan" by competitors in the same line of colour lab and studio services created a clear risk of confusion and diversion of customers, and proximity within the same city did not remove that risk. The plaintiff was entitled to temporary relief, and refusal of injunction was unsustainable. Case-Laws Companies Law Tue, 04 Dec 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160655