Damages And Remedies Of Trademark Infringement: A Study Of Indian Jurisprudence
- IJLLR Journal
- 6 days ago
- 1 min read
Insha Khan, LL.M., Hidayatullah National Law University, Naya Raipur, Chhattisgarh
ABSTRACT
The Origin of trademarks can be traced back to ancient trade practices wherein symbols and marks were used to distinguish goods and ensure authenticity. Trademark was first statutorily recognised in the year 1940 when the Trademarks Act of 1940 was passed during British rule. Later, in order to comply with the TRIPS regulations, the Trademark Act of 1999 was passed, which is presently the law governing trademarks in India. The protection of a trademark is vital as it embodies reputation, consumer trust and also the goodwill of the proprietor. Their infringement causes harm not only to the owner but also to the consumers of the product or services, and thus, a wide range of remedies is provided for infringement under the Indian legal system. Indian jurisprudence has evolved from granting the injunctive reliefs to imposing hefty compensatory and exemplary damages. This research, through a doctrinal study aims to examines the damages and remedies available for infringement of trademarks in India. Through an analysis of statutory provisions and the judicial trends, it highlights the challenges in quantifying the loss sustained and, lastly, provides suggestions for the contemporary challenges.
Keywords: trademark infringement, passing off, injunctions, punitive damages, exemplary damages, compensatory damages.
