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Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Thus, the functionality doctrine serves to prevent trademark owners from inhibiting legitimate competition [11] When the aesthetic development of the good is intended to enhance the design and make the product more commercially desirable, trademark protection may be denied because the consumer is drawn to the design.
Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement. [2] A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
(That a company plans to use a certain trademark might itself be protectable as a trade secret, however, until the mark is actually made public.) [56] To acquire a trademark rights under U.S. law, one must simply use the mark "in commerce". [57] It is possible to register a trademark in the United States, both at the federal and state levels.
Enacted in 1946, the Lanham Act, codified at 15 U.S.C. § 1051 et seq., is the primary federal trademark law of the United States.Among other activities, the Act is intended to prohibit trademark infringement.
Infringement of a registered design can be identified through ‘the eyes of an ordinary observer’ test. This means that the appearance of an accused design is seen to be an infringement, if the design is significantly similar, and one may purchase the accused design product thinking that it is the patented design. [17]