When we talk about Karim’s, we are instantly reminded of Delhi’s famous Mughlai eatery. However, in the year 2003, a confusion started to pop up in the minds of people when another eatery bearing the name Kareem’s was opened in Mumbai. Although it opened after 90 years of Karim’s reign in Mughlai Food, the deceptive similarity and the confusion was unavoidable.

As per a general understanding of a layman, this act may be understood as infringement. However, this case be taken as reference to understand the differentiation between infringement and passing off of a trademark. Appearing on behalf of Karim's, advocate Farrukh Khan submitted that the plaintiffs are the proprietors of a well-known trademark that enjoys enormous good will and reputation, nationally and internationally.[1] This makes it clear that Karim’s had a reputation prior to that of Kareem’s as Karim’s is 90 years older than Kareem’s. in this case, it was argued that it is a clear case of passing off and deception.

In order to understand the difference between Infringement and Passing Off, it is essential to get into the meanings of the same. According to Section 29(1) of the Trademarks Act, 1999,

        “A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.”

On the other hand, ‘Passing Off’ is not statutorily defined in the Trademarks Act, 1999. However, the courts have drawn its meaning from common law that if the infringement of trademark done in such a manner where the mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers, which ultimately results in damage for business of the company.[2]