This document provides an introduction and literature review on the research paper "TRADEMARK INFRINGEMENT VIS-À-VIS COUNTERFIETING: A COMPARATIVE LEGAL ANALYSIS" by Kuldeep Tetwal. The introduction defines trademarks and covers the origin and history of trademarks in India. The literature review summarizes several past research papers on topics like trademark infringement in India's consumer goods sector, the infringement of trademarks through comparative advertising, and consumers' purchase of counterfeit products in India. The objectives of Tetwal's research are to analyze and compare Indian trademark infringement and counterfeiting laws through case studies and suggest improvements. The hypotheses are that lack of public awareness of trademarks in India leads to increased

1. TRADEMARK INFRINGEMENT
VIS-À-VIS COUNTERFIETING: A
COMPARATIVE LEGAL
ANALYSIS
Kuldeep Tetwal
2020/20
LL.M. 4th SEMESTER
SCHOOL OF LAW
DEVI AHILYA VISHWA VIDHYALAYA, INDORE (M.P.)

2. INTRODUCTION
Introduction to Trademarks
A trademark is any sign that individualizes the goods of a given
enterprise and distinguishes them from the goods of its competitors.
Origin of Trademarks
Historical background of Trademarks in India
Trademark Infringement
Infringement means violating or breaking of Law or Agreement.

3. Counterfieting
Counterfeiting is a kind of duplication where even the original
manufacturer would not be able to distinguish between a genuine and
a fake product.

4. LITERATURE REVIEW
Various researches have been done by different researchers
Suvrashis Sarkar (2013) in their research paper Trademark Infringements in India
-Case Study with Reference to Consumer Goods Sector
Today with the advent of globalization, there has been a major increase in trade
between countries. However, the drawback is an increase in unfair trade
competition between companies and between countries. The major increase in
this unfair trade has been through infringement of trademarks and thereby
misleading the customers. As evident from these cases, if companies today
believe they have a registered trademark and no one can use their mark for any
purpose without permission, that’s not true. Where there is a law protecting the
trademark, there are methods to get ways and means to infringe the trademark
as well. Earlier the concept of passing off was restricted to the misrepresentation
of goods. However, it now applies to many forms of unfair trading and unfair
competition and is generally defined as occurring where the activities of one
person/company cause damage or injury to the goodwill associated with the
activities of another person/company. A cause of action for passing off and a
cause of action for infringement, both are a form of intellectual property
enforcement against the unauthorized use of a mark which is considered to be
similar to another person’s trade mark.

5. Semila Fernandes (2013) in their research paper A case study
approach - an analysis of the infringement of trademark by
comparative advertising, have stated that Based on the detailed study
carried out in this topic it is observed that CA takes two forms of
reference viz. positive reference and negative reference. Positive
reference implies that one competitor claims that his products are as
good as the competitor’s products. This indicates that when the
goodwill and reputation of a well-known mark exists,
misappropriation of that TM is a general notion. The negative
reference implies that one competitor claims that his own products
are better than the other and the competitors goods are criticized
resulting in disparagement of goods. Both of the consequences of the
CA give unauthorized access to comparing the advertising campaigns
or promotion of each-others products.Despite the fact that the views
on CA in various countries as perceived by courts have become
positive, it’s a challenge for the different jurisdictions to draw a line
between what is acceptable and what is not based on the present
laws available in their countries. And if need arises the laws need to
be regulated with newer laws by resulting in satisfying honest trade
practitioners and supporting fair trade vis-à-vis the others.

6. Priyanka Mangaraj (2021) in their research Well Known Trademark in
the 21st Century
Amit Kumar Tiwari (2014) in their research paper Counterfeits and
Fakes - Obstacles to the success of Big Brands
Saurabh Verma and Rajendra Kumarin (2018) intheir research paper
an empirical study on Consumers’ Buying intention of Counterfeit
products in India
G Prakash and P Pathak (2017) in their research paper Determinants
of Counterfeit Purchase: A Study on Young Consumers of India

7. OBJECTIVES
The main objective of the research is to make a comprehensive research On the
Trademarks Infringement and Counterfeiting in India.
To make a legal comparative analysis of Trademark Infringement and
counterfeiting of goods.
To Study different Case laws on Infringement and Counterfeiting and see
whether the Trademark legislation in India has served its purpose in protecting
the ‘Rights’ of Trademark or Service Mark Proprietors.
To study the Role of Judiciary in Infringement and Counterfeiting and also the
contribution made by the Judiciary in the development of this Law while deciding
the Cases.
To study the Trademarks Act, 1999 and analyze the advantages and also the
shortcomings of the Act if there is any and provide valuable suggestions on the
trademark infringement.
To study Criminal laws and analyze the benefits and shortcomings of the acts
with regards to Counterfeiting.
To come up with a theory by doing a comprehensive research and forming a
thesis comprising of valuable inputs, suggestions and conclusion on the subject

8. HYPOTHESIS
The awareness and knowledge of trademark and its law is
considerably less amongst traders (public) and hence there is
increase in Infringement of the Trademark.
Consumers around the Indian market have less knowledge
regarding the originality of the product which leads to
confusion between fake and original products.

9. TOOLS AND TECHNIQUES
USED FOR DATA
COLLECTION
Doctrinal research or Library based research
books, articles, newspapers, textbooks, dictionaries, encyclopedias,
fundamental textbooks, treatises, and journals with footnotes etc.
Some quantitative data available on the secondary sources has also
helped the researcher in making this research.