Trademark Trafficking In Cyberspace: A Challenge In India
- IJLLR Journal
- Jul 22
- 1 min read
Ms Haya Ashraf, Department of Law, JIMSEMTC
Dr Rumi Ahmed, Associate Professor, Department of Law, JIMSEMTC
ABSTRACT
Trademark trafficking, also known as Trademark Piracy or Cybersquatting, represents a significant challenge in India's intellectual property landscape. The illicit or unethical practice of unauthorized registration of trademarks or the dishonest use of well-known trademarks in cyberspace can lead to exploit the reputation and goodwill of trademark holders and hence the legal disputes are inevitable too to protect the rights of the trademark owners. These are generally considered illegal under the regime of trademark law as they violate the rights of the trademark owners and can mislead or confuse the consumers. This article delves into the complexities of Trademark trafficking in India, examining its impact on businesses, consumers, and the legal system. It will explore the deceptive practices employed by traffickers, the erosion of brand value, market confusion, and the broader societal repercussions. The article will highlight the procedural, jurisdictional, and enforcement challenges faced in combating the issue of trademark trafficking in India and will also propose strategies, suggest measures to bolster the intellectual property ecosystem and to tackle the issue of trademark trafficking in cyberspace. The researchers will use secondary sources to explore the existing scenario of trademark trafficking in India.
Keywords: Trademark, Trafficking, Brand, Enforcement, Cyberspace
