The law does not permit any one to carry on his business in such a way as would persuade the customers or clients in believing that the goods or services belonging to someone else are his or are associated therewith. It does not matter whether the latter person does so fraudulently or otherwise. The reasons are two. Firstly, honesty and fair play are, and ought to be, the basic policies in the world of business. Secondly, when a person adopts or intends to adopt a name in connection with his business or services, which already belongs to someone else, it results in confusion and has propensity of diverting the customers and clients of someone else to himself and thereby resulting in injury(1).This damage or injury to the other person is prevented by the Trademarks law of the concerned country that protects the trademarks and service marks. In India, the Trademarks Act, 1999 (Act) provides protection to trademarks and service marks respectively. A closer perusal of the provisions of the Act and the judgments given by the Courts in India reveals that the protection available under the Act is stronger than internationally required and provided.The Act protects the trademarks and service marks by providing action against passing off and infringement of the trademarks and service marks.The Act covers the remedies peculiar to Indian legal system as well as the well-known common law principles of passing off. At the same time it is in conformity with the recognised international principles and norms. Thus, the protection provided under the Act is more reliable and secure.

(1) Lakshmikant v Chetanbhat Shah, JT 2001 (10) SC 285.

END OF PART I.
TO BE CONTIMUED

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