Online Trademark Infringement – Taking Right Step at Right Time!
The trademark of a company is a unique mark which distinguishes the products of a company from that of others similar products in market. The trademark can be done for product, service, sound, taste, smell, shape, colour, and more. This trademark is done by using numbers, characters, letters, graphics or a combination of these. Thus, after intense brainstorming, when you make a unique logo for your company, it is essential to protect it from infringement.
Infringement is referred to as the illegal use of trademark (of another company) by a company for its products or using a strikingly similar trademark to another company’s trademark, for the promotion of company products or services. Provided below are the negative impacts of online trademark infringement in India:
Infringement is referred to as the illegal use of trademark (of another company) by a company for its products or using a strikingly similar trademark to another company’s trademark, for the promotion of company products or services. Provided below are the negative impacts of online trademark infringement in India:
- The trademark infringement can hamper the reputation of the company.
- It creates a confusion between the real and the fake one, leading to loss of trust of customers.
- The legal proceeding involved in the case causes immense loss of time and money.
- Injunction/ stay against the use of the trademark by infringing company
- Damages can be claimed by the owner
- Accounts and handing over of profits to be evaluated
- A local commissioner is appointed by the court for custody/ sealing of infringing material / accounts
- An application has to be filed under order 39 rule 1 & 2 of the CPC for grant of temporary / ad interim ex-prate injunction
|
Address:
|