Abstract

This research paper aims to delve into the concept of trade dress as an intellectual property. It will then assess the current state of trade dress protection within the Indian trademark regime, drawing on relevant case laws. The ultimate goal is to determine if trade dress is adequately protected under Indian trademark law or if new legislation is needed. Important ideas and suggestions for trade dress protection in India are also sought after in the article. Given that trade dress is still legally protected as a trademark under the Trademarks Act, and that the laws pertaining to the same are being interpreted dynamically by the courts, this study was undertaken because the laws regarding the protection of trade dress in Indian jurisdiction have not been finalized and continue to be unclear. Therefore, it is crucial to examine the current state of trade dress protection in India in view of the current scenario.

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