Trademark in Digital Era: Issues in Protection of Fluid Marks Analysis
Ranchi, Jharkhand, India
Volume I, Issue V, 2018
This paper is dealing on the issue of Fluid marks under the Trademarks Act. It is talking about how the change in technology and emerging businesses in digital market have created a new kind of mark which is fluid marks and how big companies are using such marks to attract consumers and expand their business. Before the marks used to be static and it is granted protection by legislations across the world but with the advent of technology and internet today there are marks which are not static, they keeps on changing colours and have a moving object and in some cases it is not consistent it keeps on changing. These are known as fluid marks like Google doodle which doesn’t have any protection. This paper will deal with issues concerning fluid marks and marks which are operated online with respect to trademark. The paper will focus on Indian laws as well as international laws and examine laws of various countries with respect to this issue. Thereafter the paper will examine as to why these issues need attention and why there is a need for protection of such marks. This paper will try to analyse the issue by looking at various examples and cases which deals with fluid marks. Finally this paper will try to analyse and suggest some measures to tackle such issues. The issue which is addressed in this paper is that whether fluid marks require any protection under Trademarks act?