The Relevance of Deceptive Marks and Well-known Marks: Perspectives in an Automotive Industry
Volume I, Issue V, 2018
Brand is of great value in today’s era and is omnipresent. A trademark is a representation of a particular brand and is an important aspect of goods or services in which the proprietor deals with, because in due course of time the trade mark gives recognition to such goods or services Under this article, the focus would be on automotive industry. The Original Equipment Manufacturers (hereinafter OEMs) and the Dealers in an automotive industry generally share principal to principal relationship with that of the automobile company. In this regard, it is important to know the extent of liability of the parties involved. There had been a number of cases relating to infringement and passing-off by the OEMs and dealers, of trademarks registered in the name of automobile company. Also, in the wake of cases like Toyota v. Prius it is becomes far more important to understand the broader meaning of well-known trade mark and its territorial as well as universal nature. The learning objective of this article is to study the trade mark perspectives in automotive industry and get an insight on the concept of deceptively similar trade mark and well-known trade mark in India through relevant provisions of trade mark law and case analysis.