Posts Tagged "well-know marks"

Trans-border reputation of global trademarks in India

You have a brand but you don’t’ sell the products under that brand in India and neither do you hold a trademark registration for the mark in India. Meanwhile, someone in India adopts your brand name and starts manufacturing and selling products under that brand. If you have advertisements in magazines that are distributed in India and if your product is listed on a website accessible from India, can you then say that the reputation of your brand has spilled over into India?

Read More

Blatant use of well-known trademarks – Acting on intention or ignorance?

We’ve all come across counterfeit products of popular brands and first copies. People have taken it one step further by selling products under the brand name of well-known trademarks like Facebook, Whatsapp and the like on clothing, food stalls and what not. There are a two possibilities; either it is a case of blatant trademark infringement and passing off or it is the lack of awareness. The latter suggests that a person manufacturing and selling such goods with well-known trademarks has no idea that the law prohibits it, thereby raising the question of defense of ignorance of the law.

Read More