Trademark confusion in the entertainment industry

01-06-2010

Manisha Singh Nair

A trademark denotes exclusivity and is part of a business’s goodwill. It identifies the products or services of that business. It is also a mark of quality of the product or service offered.

A trademark denotes exclusivity and is part of a business’s goodwill. It identifies the products or services of that business. It is also a mark of quality of the product or service offered.

For manufacturers dealing in similar goods or services, adoption of the same or a confusingly similar mark threatens the reputation of the mark and gives rise to liabilities of infringement and dilution. The law of trademarks protects this exclusivity and provides for remedies in case of infringement.

The impression of association of a new mark with a registered trademark creates confusion about the source or origin. Even if a person incorporates the whole or part of a registered trademark in an inconspicuous fashion, the addition of other elements does not make the new mark distinctive.


Trademark, similar, Dish TV, Reliance, India

WIPR