Abstract

In the ever-evolving tapestry of global commerce, the TRIPS Agreement serves as the orchestral score, harmonizing the symphony of intellectual property rights. This article embarks on a profound analysis of trademark protection, threading through the intricate dance of legal obligations, from the inception of India's Trade and Merchandise Marks Act, 1958, to the refined notes of the Trade Marks Act, 1999. As we traverse this intellectual landscape, the narrative unfurls the tale of Agatha Christie, the maestro of mystery, and her timeless work, "And Then There Were None." The High Court drama unfolds, spotlighting Agatha Christie Limited's quest for trademark registration, a saga infused with the essence of distinction and legacy. The judicial ballet, led by the astute Justice Hari Shankar, examines the rejection of the trademark with a lens that transcends mere legalities. A whimsical inquiry arises – can a phrase like "AND THEN THERE WERE NONE" be a trademark, a beacon of identity? The Judge, much like an innovative visionary, dissects the case through legal lenses, unravelling the fabric of Sections 9, 11, and 13. In the brilliant illumination of the judgment, the article contemplates the nuanced dance between literary brilliance and trademark protection. It questions whether the fame of literary titles, akin to Agatha Christie's masterpiece, warrants a distinct category in the symphony of trademarks. The analysis traverses the evolving trends in trademarks, pondering if iconic book titles deserve a realm of their own.

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