Question
Legal Studies Question on Intellectual Property Law
Which of the following is true about passing off with respect to trademark?
I. The passing off is providing protection to registered goods and services.
II. The passing off is providing protection to unregistered goods and services.
III. In passing off, it is not essential for the plaintiff to establish that the disputed mark has a distinctive identity for the user of the plaintiff ’s goods or services.
Select the correct option:
A
Only I
B
Only II
C
Both I and III
D
None of the above
Answer
Only II
Explanation
Solution
The correct answer is option (B):Only II.