Passing Off in Indian Trademark Law: What It Is and How It Differs from Infringement

Business owners often assume that owning a registered trademark is the only way to stop someone else from copying their brand. In reality, Indian law recognises a second, older remedy that operates independently of registration altogether: the common law action of passing off. Understanding how passing off works, and how it differs from a statutory infringement claim, is essential for any brand owner deciding how to protect a name, logo, or get-up in the Indian market. What Is Passing Off? Passing off is a common law tort, not a right created by statute. It protects the goodwill a trader has built up in connection with their goods or services, and prevents a rival from misrepresenting their own goods or services...

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How registering in Amazon Brand Registry keeps counterfeits at bay

Amazon Brand Registry has been there for quite some time but in several other forms.  This has undergone a drastic revamping in the later part of 2017. In the era of internet, brand names are more prone to hijacks and deliberate confusion created by counterfeiters than it is in the offline marketplace. Almost every e-commerce company has its intellectual property protection policy in place to offer protection to its vendors and affiliates, but often face great challenges when it comes to cases of parallel importation and infringement. Amazon is not an exception to it, and sellers who sell their products on Amazon also encounter a plethora of issues that pose significant challenges in sales and marketing. Issues are plenty, ranging...

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