https://www.taxtmi.com/caselaws?id=466321 In a passing off action, interim injunction can be granted where the defendant's use of a well-known name is prima facie likely to misrepresent an association and deceive purchasers, even if the plaintiff does not manufacture the same goods. The Court applied the test of likelihood of confusion and injury to goodwill, noting that similarity need not be complete and that an unwary purchaser of average intelligence and imperfect recollection could be misled by the use of "Bata" in "Batafoam". The plaintiff therefore established a prima facie case for temporary protection, and the defendants were restrained from using the impugned name pending disposal of the suit. en-us Wed, 23 Jan 1985 00:00:00 +0530 Mon, 02 Feb 2026 11:17:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466321 In a passing off action, interim injunction can be granted where the defendant's use of a well-known name is prima facie likely to misrepresent an association and deceive purchasers, even if the plaintiff does not manufacture the same goods. The Court applied the test of likelihood of confusion and injury to goodwill, noting that similarity need not be complete and that an unwary purchaser of average intelligence and imperfect recollection could be misled by the use of "Bata" in "Batafoam". The plaintiff therefore established a prima facie case for temporary protection, and the defendants were restrained from using the impugned name pending disposal of the suit. Case-Laws Indian Laws Wed, 23 Jan 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466321