The Trademark Infringement is the action or instance of violating the exclusive rights of the registered or original trademark owner, by using its trademark in any forms, or marks confusingly similar to these, without his/her proper permission or consent, for the purpose of one’s own benefits, usually commercial. This trademark infringement is an offence, and pays huge penalties to the original trademark owner, and can also be punishable by the law.
A trademark infringement case occurs when a person or company, uses the trademark of some other company or institution, for promoting or selling his/her products or services, in the same field of business or in the businesses of other fields. This trademark infringement can be committed in a variety of ways, which are described below. Owing to ever-growing intense business competition in almost all fields, the cases of trademark infringement have become quite common, everywhere in the world. Therefore, our world-famous service organization offering diverse services to almost all sectors of commerce and profession in India and abroad, also includes rigorous and prompt trademark infringement services, to secure the legitimate rights of the original trademark owners in various sectors of economy.
Trademark Infringement Cases
The trademark infringement cases arise when a person, company, or institution, does any of the following activities, for publicity, promotion, and higher selling of its products or services, in the local, regional, national, or international markets, usually in the same areas of business:
- Obvious use of the trademark of any registered trademark owner
- Use of identical or confusingly similar marks, markings, labels, packaging, etc., to the registered trademark of other companies - One of the famous trademark infringement cases in this category, is the case of Glaxo Smith Kline Pharmaceuticals Ltd (Plaintiff) – Vs – Unitech Pharmaceuticals Pvt. Ltd (Defendant). In this case, the plaintiff claimed that the defendant was promoting and selling anti-biotic tablets under the marking FEXIM with identical packing materials, which is confusingly or deceptively similar to the plaintiff’s trademark PHEXIN used by it for pharmaceutical preparations. The defendant was then restricted by the court of law from doing this. This case is outstanding among the prominent trademark infringement examples.
- Using an unregistered trademark, which has been already in use by some other company - One of such trademark infringement cases, is the case of Dhariwal Industries Ltd. (appellant) – Vs – M.S.S. Food Products (Respondent). In this case, the appellant or plaintiff was using the brand name MALIKCHAND for their product; and the defendant then began utilizing the alleged name MANIKCHAND, which is quite similar and identical to the former one. The court adjudged that though the plaintiff has not registered the trademark, it has been using the same for a long time back, and therefore, holds the first legal authority over the name, and imposed injunction against the defendant.
- Usage of the trademark (registered or unregistered) of any reputed foreign company or institution, which does not do business in the specified country - One of the trademark infringement examples in this category is the case of N. R. Dongare (Plaintiff) – Vs – Whirlpool Corp. Ltd (Defendant). The case occurred when the plaintiff got registration of the trademark WHIRLPOOL, in the time the defendant failed to renew its registration for the trademark WHIRLPOOL for its products, which has been in used for a long time for conducting its national and international business. The court in this case said that though the defendant does not business in India, it does have reputation and commercial publicity in India, and therefore, it possesses the right to protect invasion thereto.
- If an entrepreneur or company uses any registered trademark of other company, for its own single shop - As is the case of M/s Bikanervala (Plaintiff) – Vs – Aggarwal Bikanerwala (Defendant). In this case, the respondent (defendant) was restricted by court from using the plaintiff’s trademark BIKANERVALA, for its (respondent) sweet shop or on the products being sold by it. The respondent was running its sweet shop which was named as AGGARWAL BIKANERVALA.
Trademark Infringement Enforcement
The registered or original trademark owner has the following two types of solutions or remedies, in response to the infringement upon its trademark by any other entrepreneur or company:
- Passing Off - In the case of it’s infringed upon trademark being temporarily unregistered. It is a remedy as per the common law. For this action by the original trademark owner, the requirement is not only to prove that the trademark used by the defendant is deceptively similar to the trademark of the original user, but also that this counterfeiting act of the defendant has caused natural and misleading confusion to the customers of the plaintiff.
- Infringement Lawsuit - Applicable when the trademark of the company is a registered one. For this action, the plaintiff company has only to demonstrate (employing the trademark infringement elements for arbitrating the likelihood of confusion) that the defendant is using marks or markings which are confusingly similar or deceptively identical to its registered trademark, or is flagrantly utilizing plaintiff’s trademark.