ISSUE:
Whether or not the sale of the ‘Falcigo’ drug by the Respondent amounts to passing off?
Whether the mark of Cadila Pharmaceutical i.e., ‘Falcitab’ is similar to the mark of Cadila Healthcare i.e., ‘Falcigo’?
RULE:
Passing off is the act of misrepresenting one's products or services to the public as those of another person or company in an effort to deceive his customers into believing that they are those of another person or company.
The owner must demonstrate that their goods or services have goodwill and that the user is making false statements in order to build a case of passing off. Additionally, the owner must demonstrate that they suffered a loss as a result of the user's creation of false claims.