After-Market Customization and The Trademark Law: An Unsettled Debate

  • Master Piyush Kranti
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  • Master Piyush Kranti

    Student at School of Law, KIIT-DU, Bhubaneswar, Odisha, India

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Abstract

The use of Trademarks has become an integral part of product branding. Trademarks have influenced Consumer Behaviour to great extent in the recent times. Be it the idiosyncratic shade; Uncensored of Rihanna’s “Stunna”, or the peculiar red that embraces the sole of every Louboutin, or the flashy GUCCI symbol- all of these attract herds of consumers due to their uniqueness and brand value. It is interesting to see a new surge in the process of using these products- by Customization. Your favourite movie on your Sneakers? Your favourite quote on your phone cover? or your choice of skin on your laptop?- Customization has got it all covered. Due to this ease of modification, the Trademark law in the contemporary world is faced with the challenge as to whether or not this novel practise amounts to Trademark infringement or dilution? Does it affect the right to speech? What are the boundaries to which customization can be allowed? This investigatory project takes a deep knitted look into the same.

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International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 455 - 463

DOI: https://doij.org/10.10000/IJLMH.118540

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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