Trademark infringement
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The owner of a trademark has the exclusive right to use that trademark, whether registered or not. Trademark infringement occurs when a party uses an identical or similar trademark for similar goods or services without authorization. An unregistered owner can claim "passing off" but not damages, while a registered owner can claim infringement. The infringing use must be for commercial purposes, and a suit can only be filed in district court with jurisdiction over the owner or business location.
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Cyber law In India: its need & importance
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It should take no longer than 5 minutes to choose between the available legal structures for your business. Your options are the Private Limited Company, Limited Liability Partnership (LLP), One-Person Company (OPC), General Partnership and Sole Proprietorship. But the general approach to this decision is so academic, entrepreneurs end up wasting their time. There’s no need to educate yourself on the minute differences between say, a Private Limited Company and an LLP. This is because, with only a few exceptions, every business will be suited to just one legal structure. So let's find out which one is right for you.Articles of Association and its Contents
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Trademark infringement
- 1. Trademark Infringement Shantanu 4th Yr. NLU, Odisha
- 2. Exclusive Right • The owner of the trademark has exclusive right to use that trademark. • Unlike patent, registration of trademark is not necessary.
- 3. Owner of Trademark • Two kinds of owner: registered owner and unregistered owner. • Registered owner can claim for infringement. • Unregistered owner can claim for passing-off. • Difference between infringement and passing- off: in passing-off no damages can be claimed.
- 4. No Difference in Goods • The defaulting party must have used the trademark with respect to similar kind of goods or services. • Use of same trademark for different kinds of goods or services is allowed.
- 5. Permitted User • The owner cannot claim infringement against someone has been authorized to use the trademark. • For ex: Licensee, Franchisee
- 6. Course of Trade • The party at default must have used that trademark for commercial purposes. • If used for non-commercial purpose, then he cannot be made liable.
- 7. Suit to be Filed in District Court • Suit for the infringement of trademark can only be filed in a District Court and not in any other lower court. • The district court which has jurisdiction over the residence of owner or his place of business, will have jurisdiction over such a case.
- 8. Thank You