Determining the date is paramount to prove passing off and trademark infringement

The Madras High Court recently, via its judgment dated 07th Sept 2023 in the case of Appolo Burn Hospital vs Apollo Hospitals Enterprises Ltd, decided a trademark dispute between Appolo Burn Hospital and Apollo Hospitals. This case highlighted the important role of the relevant date in determining trademark infringement and passing off claims. The cruciality of timely registration of a trademark, the burden of evidence on the trademark owner, and further prove the reputation and goodwill in passing off cases.

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