https://www.taxtmi.com/caselaws?id=199698 A passing off action may extend to a deceptively similar trade name because the statutory definition of mark is wide enough to include names, so jurisdiction can lie in the District Court. Delay, waiver, acquiescence or estoppel do not automatically defeat interlocutory relief; they are weighed against the strength of the prima facie case and require clear acquiescence. The statutory defence of bona fide use of one's own name is unavailable where an artificial person knowingly adopts a word to trade on another's goodwill. Even where business activities differ, a strong prima facie case for interim injunction exists if the name has acquired secondary meaning, confusion or deception is likely, and balance of convenience favours protection of established goodwill. en-us Tue, 10 Oct 1995 00:00:00 +0530 Fri, 09 Mar 2018 14:29:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199698 A passing off action may extend to a deceptively similar trade name because the statutory definition of mark is wide enough to include names, so jurisdiction can lie in the District Court. Delay, waiver, acquiescence or estoppel do not automatically defeat interlocutory relief; they are weighed against the strength of the prima facie case and require clear acquiescence. The statutory defence of bona fide use of one's own name is unavailable where an artificial person knowingly adopts a word to trade on another's goodwill. Even where business activities differ, a strong prima facie case for interim injunction exists if the name has acquired secondary meaning, confusion or deception is likely, and balance of convenience favours protection of established goodwill. Case-Laws Companies Law Tue, 10 Oct 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199698