Infringement of Trade Marks and Passing off Action: New Dimensions of Trade Mark Law and Its Protection
In this era of consumerism where the markets are flooded with various products of various brands giving a choice to the consumer to buy the best, it is important to work out on the legalities of monopolistic right. India is a fast growing economy and a major market. The enterprise need to build recognition and goodwill and inspire confidence in themselves, their brands and instill the same in the consumers. This task is done by the trade marks. Trademarks are omnipresent as they are perceived by the people in every field of life viz., from their day to day needs to the big luxuries. Even other intellectual properties are made available under brand names, for example even education system moves on the popularity of a particular school or college. The field of medicine is also no exception to this. Apart from this, with the growth of the Internet, domain names have increasingly come into conflict with trademarks. A trend of increased number of disputes over web addresses is gaining ground in India over the past few years as companies recognize the commercial potential of the Internet. Protection to a trademark is protection to the goodwill of an enterprise and an incentive to them for maintaining the quality of their products and services to live up to the faith of their consumers.
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