Protection Of Well-Known Trademarks On Online Platforms: An Indian And Comparative Perspective
- IJLLR Journal
- 10 hours ago
- 1 min read
Muhammed Hashim AK, Research Scholar, School of Law,Hindustan Institute of Technology & Science (HITS), Padur, Chennai, Tamil Nadu
Dr. K. Jameela, Assistant Professor, Senior Grade, School of Law, Hindustan Institute of Technology & Science (HITS), Padur, Chennai, Tamil Nadu
ABSTRACT
The concept of well-known trademarks has acquired heightened significance in the digital era, where online platforms enable rapid dissemination, cross- border visibility, and instantaneous consumer engagement. While the internet has enhanced brand reach, it has simultaneously increased the vulnerability of well-known trademarks to misuse through cybersquatting, keyword advertising, social media impersonation, and online counterfeiting. Traditional principles of trademark protection, largely developed in the context of physical marketplaces, face serious limitations when applied to digital platforms.
This article examines the legal protection afforded to well-known trademarks in the online environment, with a particular focus on the Indian legal framework and its comparative positioning vis-à-vis jurisdictions such as the United States and the European Union. The analysis highlights how Indian courts have progressively expanded the scope of protection for well-known marks, especially against dilution and unfair advantage in cyberspace. At the same time, it identifies persisting challenges relating to intermediary liability, jurisdictional complexities, and enforcement inefficiencies.
By adopting a comparative approach, the article seeks to assess whether existing legal mechanisms are adequate to safeguard the distinctive character and reputation of well-known trademarks on online platforms. It concludes by suggesting the need for clearer statutory guidance, enhanced platform accountability, and harmonisation with international best practices to ensure effective protection in the digital marketplace.
