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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(4) [July 2010] >
| Title: | Protection of Well Known Trademarks and Weakening of Honest Concurrent User Defense |
| Authors: | Choudhary, Vivek Kumar |
| Keywords: | Well known trademarks
transborder reputation
honest concurrent user
descriptive name
secondary meaning |
| Issue Date: | Jul-2010 |
| Publisher: | CSIR |
| Abstract: | This paper sheds light on the protection of
well known trademarks in India vis-à-vis various parameters and evidence
requirements, primarily by way of analysing relevant case laws. In order to
assess how ‘IP-savvy’ Indian courts are, this paper also shows through
empirical data that the trend in Indian courts in the last few decades has
consistently been pro-plaintiff while deciding intellectual property cases.
Further, the paper examines the ‘honest and concurrent user’ defense against
the action of passing off pertaining to trademarks’ use by analysing the latest
case laws. This shows a paradigm shift regarding honest user defense in the
sense that it is gradually becoming weaker; the main reasons being
‘trademark-smartness’ of trademark proprietors, advanced information technology
and ease of access to information, among others. The paper also pinpoints a few
exceptional cases where the courts have been more lenient in allowing this
defense; pertaining to education sector in particular, on the grounds of public
interest. |
| Page(s): | 293-301 |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.15(4) [July 2010]
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