We all know that there are multiple legal steps in place for a Businessman & Corporates, whether big or small, to take when there is a need. One such legal step is that for the Trademarks Act, 1999. The Act that was coined in the Indian legal system in 1958, went through many changes and the situation became drastically different after Bombay HC pronounced its decision in the case of
Trademark infringement action is chosen when there is a phonetic similarity and identical marks conflicting with each other thereby giving rise to infringement as well as passing off. There have been some tricky areas in the Trademarks Act due to law takes its own time.
But now it seems, especially in the time of growing competition, the rise of counterfeits and the online exposure, the Courts have started taking the depth of the Trademarks Act quite seriously which helps the corporate world heave a sigh of relief.
A recent example of the same stems from the case of
Both the companies have a complete distinction when it comes to their products as KSAA's
After a notable time of back and forth in the court,
This is a promising example of the diligence with which the courts are now looking into the Trademark Act and its repercussions on infringement and passing off actions.
Footnote
1 IA No(L). 9167 of 2020 in COMIP No.(L) 9162 of 2020
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