Infringement of Trademark
Trademark is any word, name, symbol, design or any combination thereof used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of goods. Trademarks are protected by Intellectual property Rights (IPR).
Trademark plays a very important role in the present society. It protects your brand and makes it more valuable, and generates income out of it under IP rights. Trademark registration has become increasingly popular over time.
In U.I & Works v Trade Marks Registry, it was held that the trade mark rights are property rights and have to be as jealously safeguarded as any other legal rights. The act mainly aims at protecting the interest of owners of trademarks as well as the interest of the public.
With the increase of competition in the market, registration of trademarks has become very important and popular. Trademark makes it easier for consumers to quickly identify the source of the given goods. Instead of reading the fine print on a can of cola, consumers can look for the Coco-cola trademark. Instead of asking the store clerk who made a certain athletic shoe, consumers can look for particular identifying symbols, such as a swoosh or a unique pattern of stripes. By making goods easier to identify, the trademark also incentivizes manufacturers to invest in their goods’ quality. After all, if a consumer tries a can of Coco-Cola and finds the quality lacking, it will be easy for the consumer to avoid Coco-Cola in the future and instead buy another brand. Trademark law furthers these goals by regulating the proper use of trademarks.
In order for the trademark to be registered, the goods or services must be distinctive and devoid of any character mentioned in the goods or services. A person may acquire rights in a trademark either by its use in the course of trade about certain goods and/ or services or by registration under the Trade Marks Act, 1999. But in order to claim trademark infringement, the goods or services must be registered under the Trademarks Act, 1999.
Section 29 of the Trademarks Act, 1999 defines ‘Trademark infringement’ in simple terms as when an unauthorized person uses a trademark that is ‘identical’ or ‘deceptively similar to a registered trademark infringement. There are several ways to determine a trademark infringement; the court looks into the following factors: the similarity of the conflicting designations, the relatedness or proximity of the two companies products or services, the strength of the plaintiff’s mark, and marketing channels used, the degree of care etc. A person who has already registered its trademark can claim for trademark infringement if there is any and can claim any of these – Injunction or damages or accounts of profit or destruction and sealing of materials or measure for recovery of reputation.
In the case of Marico Ltd v Abhijeet Bhansali, the court relied on the Trademarks Act, 1999. In a clear interpretation of Section 29 of the act, the court held the defendant guilty of infringing the trademark of the plaintiff by using it without prior authorization in his video. Hence interim injunction was passed against the defendant along with an order for the removal of the impugned video.
International Society for Krishna Consciousness (ISKCON) v Iskcon Apparel Pvt. Ltd & Ors, the court declared that in the present scenario, a clear case of trademark infringement had been established and hence ordered the defendant to refrain from using the plaintiff’s mark. It was concluded that the plaintiff’s mark satisfied all the statutory requirements of a well-known trademark, and thus the court declared it as such.
In another case for trademark infringement, Izuk Chemical Works v Babu Ram Dharam, the court, after following the arguments presented by both the parties, the court said that the trademark opted by the defendant does contain the essential elements of the plaintiff’s trademark; furthermore, the logo used by the defendant also possessed similar attributes as the plaintiff’s mark. Looking at all these points, the court declared it a prima facie case of infringement. Consequently, the court allowed the plaintiff’s application and ordered an injunction against the defendant, i.e., restraining them from conducting their business with the trademark and logo they have been using since they started working.
Henceforth, we can see from the case mentioned above laws how registered trademarks are protected from any case of infringement. The aggrieved party can file a suit immediately when somebody else’s uses their trademark, and the court shall look into the matters and are compensated accordingly.
Conclusion – Trademark plays a very significant role in the market, especially in this generation. A registered trademark has the upper hand when somebody else’s uses your brand, which amounts to trademark infringement, and it gets easier for the aggrieved party to claim his rights.