Delhi High Court

Hon’ble High Court of Delhi at New Delhi vide Judgment dated 15.5.2007 has held that the property which is sought to be protected is the business reputation and goodwill that is injured by the said misrepresentation. Action for passing off can be initiated, where interest of an author or owner of a copyright work in his business reputation and goodwill is damaged by misrepresentation that falls outside the copyright law, i.e. the Act. Passing off action will be maintainable, when the claim is not based on infringement of copyright but damage to reputation and goodwill of the proprietor and the said damage is caused by deceit or misrepresentation.