ABSTRACT
“The essence of passing off is deception of the consumer and damage to the goodwill of the trader.” – J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition.
The rapid increase in the use of social media and online platforms has significantly transformed the way businesses build their brand reputation and interact with their customers. This shift to the digital world has made it much simpler for companies to reach a wider audience and increase their visibility. However, this change has also brought about more challenges related to improper use of trademarks, especially when it comes to the legal concept known as passing off. In today’s digital era, actions such as using a brand’s reputation or logo without authorization, copying hashtags or meta-tags, impersonating influencers, or creating deceptive website addresses are becoming increasingly common. These activities are causing serious problems for businesses that own these trademarks.Unlike traditional markets, the online environment allows those who violate rules to operate anonymously and from various locations, making it harder to hold them responsible and take legal action against them. This research explores the concept of passing off in the context of online business, particularly looking at how it is being tested by social media advertising, e-commerce platforms, and user-generated content. The study goes into detail about the main elements of passing off, such as the loss of brand goodwill, the spread of false information, and the damage caused to businesses, and examines how these elements apply to cases where trademarks are misused online.By comparing how courts in India and the United Kingdom handle these issues, the study highlights how the understanding of passing off is evolving and the role that online platforms play in this change. It also discusses the challenges in enforcing trademark laws, including difficulties in determining which country’s legal system applies, gathering sufficient evidence to support a case, and assessing whether current legal tools are effective. The research emphasizes the importance of updating legal frameworks and encourages online platforms to take an active role in protecting trademarks within the digital space.
Keywords: Passing Off, Digital Trademark Infringement, Social Media Misuse, Online Platforms, Brand Protection.