WELL-KNOWN TRADEMARKS
court proceedings. Tose who recklessly indulge in such shenanigans must do so at their own peril, for it is now an inherited wisdom that evasion of court proceedings is not de facto tantamount to escaping liability.” At the centre of being a well-known brand is a dilemma. While it provides companies with extended trademark rights, it
Tata Group is one company to achieve well-known status in India.
said products/services/domain name have a connection to the plaintiffs.” It
means Microsoſt A notable aspect of this case was the absence joins big Indian
companies such as Tata Group in having well- known status. Singh said: “As per the material placed on
record ... it is evident that the trademark Microsoſt is a well known trademark. Te same is known to most people in the entire world. No-one is entitled to use the same either as a trademark or part of its trading style/corporate name in relation to similar or dissimilar business as the said trademark has a unique goodwill and reputation.”
of the defending party during the proceedings. Singh awarded Microsoſt damages of 20,000,000 rupees ($320,000) and a permanent injunction against the opposing party’s products. A similar incident happened to Microsoſt in 2007 when, in a passing off claim filed against an individual called Rajendra Pawar, the defendant did not turn up to legal proceedings. In the ruling, the judge presiding over the
case said: “Perhaps it has now become a trend of sorts, especially in matters pertaining to passing off, for the defending party to evade
them with a responsibility to be constantly vigilant about abuse. Big brands are big targets for those looking for what might be easy money. In
the global economic environment,
reputation can oſten travel fast. An emerging company in the US may find it has the attention of Indian consumers before it has begun to think about expanding its enterprises, and the internet accelerates this. Where once the likes of Ford and General Motors took decades to establish themselves as major market players, Facebook and Google have done it in less than a decade. While measuring what is well-known is
always going to be difficult—considering its inherently
subjective
Russia’s IP court and India’s IP laws show there is an openness towards recognising fame.
nature—the likes of
also burdens
www.worldipreview.com
World Intellectual Property Review May/June 2015
29
hor Jorgen Udvang /
Shutterstock.com
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