Now this story may be a bit old but I have only today sat and read about it: http://news.bbc.co.uk/1/hi/world/south_asia/7628948.stm
Music Law Updates and a number of other sources have been critical of Warner Bros for trying to protect their successful 'Harry Potter' films against 'Hari Puttar' (an unsuccesful Indian film). Justice Reva Khetrapal basically eluded to the point that the public are intelligent enough to work out that the films are different (so?). It seems to me that if a member of the public were to read the name 'Hari Puttar' and associate this with 'Harry Potter' (which surely they would) then the claimant's would be well upon their way to establishing passing off.
I must of course admit a lack of knowledge of India's legal system (perhaps any Indian readers could elaborate for me?).