DELHI HIGH COURT ON DISTINCTION BETWEEN INFRINGEMENT AND PASSING OFFDELHI HIGH COURT ON DISTINCTION BETWEEN INFRINGEMENT AND PASSING OFF

The Delhi High Court, in the case of Pernod Ricard India Private Limited v. Frost Falcon Distilleries Limited, CS (Comm) 94/2021, decided on 02.03.2022, denied the claim of trademark infringement of Pernod Ricard India Private Limited (hereinafter referred to as “the Plaintiff”) but held Frost Dalcon Distilleries Limited (hereinafter referred to as “the Defendant”) liable for passing off of its products as that of the Plaintiff’s and issued an interlocutory injunction in terms of the relief sought by the Plaintiff.