Volume of sales & advertisement expenses – significant factors in a suit for passing off: SC

The Supreme Court (SC), in an appeal filed by a manufacturer of country liquor for trademark infringement, through passing off, by another manufacturer, has held that in a suit for passing off “the volume of sale and the extent of advertisement made by the appellant of the product in question will be a relevant consideration for deciding whether the appellant had acquired a reputation or goodwill.” In present case, the Trial Court, noting conduct of “passing off” by the respondent, ruled in favour of appellant wherein the relief of permanent injunction was granted to the appellant; however, the Bombay High Court (BHC) stayed the execution of decree.