https://www.taxtmi.com/caselaws?id=306439 A registered trade mark owner has exclusive rights, and infringement arises where another trader uses an identical or deceptively similar mark in the course of trade for related goods or services. Passing off protects goodwill and reputation against likely consumer confusion, even without proof of fraud. The discussion also notes that prior user, long use, sales and publicity material can establish goodwill, including trans-border reputation, while a mark that appears descriptive may still be protected if it has acquired distinctiveness and secondary meaning. Domain names may also attract trade mark protection where their use is likely to mislead internet users or divert business. en-us Wed, 15 Oct 2014 00:00:00 +0530 Mon, 30 Jan 2023 21:19:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306439 A registered trade mark owner has exclusive rights, and infringement arises where another trader uses an identical or deceptively similar mark in the course of trade for related goods or services. Passing off protects goodwill and reputation against likely consumer confusion, even without proof of fraud. The discussion also notes that prior user, long use, sales and publicity material can establish goodwill, including trans-border reputation, while a mark that appears descriptive may still be protected if it has acquired distinctiveness and secondary meaning. Domain names may also attract trade mark protection where their use is likely to mislead internet users or divert business. Case-Laws Indian Laws Wed, 15 Oct 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306439