NISCAIR Online Periodicals Repository

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]

Files in This Item:

File Description SizeFormat
JIPR 15(4) 293-301.pdf120.49 kBAdobe PDFView/Open
 Current Page Visits: 1038 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 168410 since 01-Sep-2015  Last updated on 29-Jun-2016Webmaster: