Tackling trademark infringement

In the present era of mass production and consumerism, the establishment of a successful trademark depends on innovative packaging, advertising and marketing of goods. Domestic brand owners in India are resorting to novel ways to create their distinct identity and consequently boost consumer recognition of trademarks.

In a recent example, Indian Premier League cricket teams have sought to register their trademarks in various categories and product lines, in order derive value from the popularity of their brand name.

A trademark embodies recognition of a particular source or quality of the goods, which can boost or build the sale and goodwill of a product. Preservation of this commercial value in trademarks involves effective protection of the mark against infringement, passing off, disparagement and dilution by making use of the provisions of the trademark law and common law.

Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.