Counterfeit Of Goods In India: Challenges To Trademark Protection And Brand Integrity
- IJLLR Journal
- Apr 10
- 2 min read
Updated: Apr 11
Bhumika Mukherjee, Amity University, Noida
Dr Jane Eyre Mathew, Professor at Amity University, Noida
ABSTRACT
Counterfeiting leading to trademark infringement are an emerging issue in the globalized economy at the present, affecting businesses, consumers, and legal enforcement completely. Trademark infringement arises when unauthorized persons utilize the same or deceptively similar marks, resulting in consumer confusion and brand dilution. Such type of infringement exists in various forms, such as direct infringement, indirect misrepresentation, and dilution, each creating considerable issues. Counterfeiting, which is a significant form of trademark infringement, exists heavily both physical and online marketplaces, leading to the quick spread of counterfeit products. Increasing sophistication in counterfeiting operations, which means that detection and blocking the sale of infringing products becomes complicated and very hard to differentiate from the authentic goods, which makes it easier to undermine genuine brands' authenticity.
The effects of counterfeiting go beyond monetary losses to businesses, they tend to undermine consumer confidence and threaten public safety, especially for sectors like pharmaceuticals, cosmetic, FMCG, fashion and etc. The most heavily effected sector among this is the fashion, pharma and cosmetic goods as India being a developing country it is very easy to avail counterfeit products at a very cheap price. And given to its population there is no such solution to such problem as such thus leading to trademark infringement heavily and a harm to brand integrity and also hampering consumer trust as well. This paper discusses the different forms of counterfeiting, different modes through which such activity is done and its impact on band and consumer trust. Strengthening intellectual property rights, raising consumer awareness, and utilizing technology-based anti- counterfeiting tools are critical in countering this emerging threat.
Keywords: Counterfeiting, Trademark Infringement, Intellectual Property (IP) Rights, Brand Reputation, Consumer Trust, Product Authenticity, Market Dilution, Direct and Indirect Infringement
