Preserving the distinctiveness of corporate marks: An analysis of legal and judicial approaches to well known trademark in India
Abstract
Purpose
This paper aims to investigate the Indian legal and judicial approaches to well-known trademark (WT) by placing special focus on the way the judiciary has striven to foster the regulatory goal of defending the distinctiveness of WT.
Design/methodology/approach
The research is based on primary and secondary resources; especially, the paper critically examines the central piece of legislation relevant to WT and analyses and compares a number of important judicial decisions of India.
Findings
Despite some limitations, the judicial initiatives reflect an impressive progression towards WT, and given the contemporary commercial imperatives backed up by technological advances, the interconnectedness of economies and global corporisation, such a progression is indispensable.
Research limitations/implications
The research involves only the legal aspects of WT; therefore, the social and economic implication is beyond the scope of it.
Practical implications
Even though the legal and judicial attempts in India have raised an inevitable tension between different competing claims and are in some instances intensely debated, a review of existing resources evidences a series of effective methods and practices where a balance can sensibly be drawn between those claims.
Keywords
Citation
Begum, A. (2018), "Preserving the distinctiveness of corporate marks: An analysis of legal and judicial approaches to well known trademark in India", Journal of Financial Crime, Vol. 25 No. 3, pp. 734-749. https://doi.org/10.1108/JFC-05-2017-0040
Publisher
:Emerald Publishing Limited
Copyright © 2018, Emerald Publishing Limited