Understanding Reverse Passing Off in India: Protecting Your Brand's Reputation

• 09 Mar 2025
• Priya Raundal

Introduction:

In the competitive world of branding, businesses are constantly at risk of unfair practices that could harm their reputation. One such practice is reverse passing off, an act where a business falsely claims another's goods or services as its own. While the more commonly known "passing off" occurs when one business misrepresents its goods as those of another, reverse passing off involves the opposite- misappropriating another business’s goods and presenting them as your own. This practice is increasingly common in India, particularly in the context of counterfeiting and unauthorized use of products in the marketplace.

What is Reverse Passing Off?

Reverse passing off occurs when a person or entity uses the goods or services of another business, without permission, and presents them as their own. For example, if a counterfeit manufacturer takes a product designed by a well-known brand, removes the original branding, and sells it under a new name, this constitutes reverse passing off. The key difference from regular passing off is that the infringing party is claiming another’s product, not merely their branding.

Legal Framework for Reverse Passing Off in India

Under Indian trademark law, Section 27 of the Trade Marks Act, 1999 protects against acts of passing off, which can also encompass reverse passing off when the defendant misappropriates the goodwill and reputation of another brand. Courts in India have increasingly recognized reverse passing off as a form of unfair competition and have ruled in favor of the original creators when their products or services are misused or misrepresented.

Conclusion:

Reverse passing off is a significant concern for businesses in India, as it undermines the goodwill and reputation that companies have built over years of hard work. By understanding what reverse passing off entails and implementing protective strategies, businesses can safeguard their brand and intellectual property from misappropriation. Legal recourse is available, but proactive vigilance and swift action are essential to ensure your brand’s identity remains intact.