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Cross Border Trademark Infringement: A Study Of Indian And USA’s Laws, Remedies, Cases

Cross Border Trademark Infringement: A Study Of Indian And USA’s Laws, Remedies, Cases, And Protection




Arohee Sandeep Bhatkar, LL.M, Corporate Law Student at Ajeenkya D. Y. Patil University, School of Law Nikhil Rote, Professor at Ajeenkya D. Y. Patil University, School of Law Shaista Peerzada – Professor at Ajeenkya D. Y. Patil University, School of Law

ABSTRACT

Cross-border trademark infringement is a growing concern for businesses operating in India and the United States. Trademark infringement occurs when a trademark is used without authorization that is confusingly similar to another trademark registered in another nation. This issue can have a significant impact on a brand's reputation and financial performance, as well as its ability to protect its intellectual property rights effectively. In India and the United States, trademark infringement cases are heard in the courts, and the legal framework for the registration and protection of trademarks is provided by the Indian Trade Marks Act, 1999 along with Lanham Act in the United States, respectively. To prevent cross-border trademark infringement, businesses should conduct proper clearance searches, seek legal advice, and monitor for potential infringement of their intellectual property rights. Additionally, there should be better coordination and cooperation between the legal systems of both countries to combat cross-border infringement. In this paper, we shall discuss the above topics and try to analyze them.

Keywords: Intellectual Property Rights, Trademarks, Cross-Border Trademark Infringement, Indian Trademarks Act 1999, USA Lanham Act, Legal Framework.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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