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    Trademark infringement occurs when an unauthorized party uses a trademark, trade name, or trade dress that is substantially similar to a registered trademark, and this use has the potential to cause consumer confusion about the source or affiliation of goods or services. To prove trademark infringement, one must show that they own a valid registered trademark, the accused party is using a similar mark in commerce, and this use is likely to confuse consumers due to the similarity of the marks. The degree of similarity between marks is critical, as infringement relies on the potential for consumers to mistake one mark for another due to similarities in name, logo, or other distinctive features.

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    Trademark infringement occurs when an unauthorized party uses a trademark, trade name, or trade dress that is substantially similar to a registered trademark, and this use has the potential to cause consumer confusion about the source or affiliation of goods or services. To prove trademark infringement, one must show that they own a valid registered trademark, the accused party is using a similar mark in commerce, and this use is likely to confuse consumers due to the similarity of the marks. The degree of similarity between marks is critical, as infringement relies on the potential for consumers to mistake one mark for another due to similarities in name, logo, or other distinctive features.

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    Trademark infringement occurs when an unauthorized party uses a trademark, trade name, or trade dress that is substantially similar to a registered trademark, and this use has the potential to cause consumer confusion about the source or affiliation of goods or services. To prove trademark infringement, one must show that they own a valid registered trademark, the accused party is using a similar mark in commerce, and this use is likely to confuse consumers due to the similarity of the marks. The degree of similarity between marks is critical, as infringement relies on the potential for consumers to mistake one mark for another due to similarities in name, logo, or other distinctive features.

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    26 views3 pages

    Snippet CSIPR

    Uploaded by

    radhika baderia
    Trademark infringement occurs when an unauthorized party uses a trademark, trade name, or trade dress that is substantially similar to a registered trademark, and this use has the potential to cause consumer confusion about the source or affiliation of goods or services. To prove trademark infringement, one must show that they own a valid registered trademark, the accused party is using a similar mark in commerce, and this use is likely to confuse consumers due to the similarity of the marks. The degree of similarity between marks is critical, as infringement relies on the potential for consumers to mistake one mark for another due to similarities in name, logo, or other distinctive features.

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    What is Trademark Infringement?

    Trademark infringement occurs when one party uses a trademark, trade name, or trade dress
    that is substantially similar to a registered trademark or trade dress, and this unauthorized use
    has the potential to cause confusion among consumers about the source of the goods or
    services being offered. Trademark infringement is a violation of the exclusive rights granted
    to the owner of a registered trademark.

    What constitutes Trademark Infringement?

    1. Ownership of a Registered Trademark: The alleged victim of trademark


    infringement must first demonstrate that they own a valid and legally registered
    trademark. Registration provides exclusive rights to use the mark in connection with
    specific goods or services.

    2. Use of a Similar Mark: The party accused of infringement must be using a mark that
    is similar to the registered trademark in question. This similarity can pertain to the
    name, logo, design, or other distinctive features associated with the trademark.

    3. Likelihood of Confusion: A key element of trademark infringement is the likelihood


    that consumers will be confused or deceived by the similar marks. This confusion can
    relate to the origin, source, or affiliation of the products or services in question.
    Courts often assess the potential for confusion from the perspective of the average
    consumer.

    4. Protectable Interests: The registered trademark must be associated with goods or


    services within the same class of goods or services as those of the alleged infringer.
    Trademarks are registered for specific classes of goods and services, and infringement
    is most relevant when there is a potential overlap in these classes.
    5. Use in Commerce: Trademark infringement cases typically involve the use of the
    similar mark in commerce, such as on goods, in advertising, or in the company's
    name. Unauthorized use of the mark in the course of trade is a key factor.

    What essentials have been laid down by the court to establish Trademark Infringement?
    From the case of Dominos IP Holder LLC v. Dominick Pizza, 2023 1 several essentials have
    been laid down by the court about elements that constitute trademark infringement:

    1. Use of Unauthorized Mark: To establish trademark infringement, it is essential to


    show that an unauthorized person or entity has used a mark without the consent of the
    registered trademark owner.

    2. Identical or Deceptively Similar: The unauthorized mark must be either identical or


    deceptively similar to the registered trademark. Deceptively similar means that the
    mark is so similar that it can cause confusion among consumers and mislead them.

    3. Class of Goods or Services: To constitute trademark infringement, the unauthorized


    use of the mark must be for goods or services falling under the same class as the
    registered trademark.

    4. No Confusion or Difference in Essential Features: Courts consider both phonetic


    similarity and differences in marks to determine whether they have essential features
    that can lead to consumer confusion.

    In this case, the plaintiff owns the trademark 'Domino's Pizza' along with a distinctive logo.
    The defendant used the name 'DOMINICK PIZZA' with a similar logo. The key issue is the
    similarity in the names and logos used by the two parties. If these elements are similar
    enough that consumers could easily confuse one with the other, it can constitute trademark
    infringement.

    The court referred to previous judgments and the Trade Marks Act of 1999 in India, which
    provides legal provisions for the protection of trademarks. These legal provisions address
    both direct and indirect infringement, offering remedies and liabilities for unauthorized use of
    marks that are identical or deceptively similar to registered trademarks within the same class
    of goods or services.

    The key issue in trademark infringement is the degree of similarity between the plaintiff's
    trademark and the defendant's use of the name and logo. If the similarity is such that it could
    lead to consumer confusion regarding the source of the products or services, it can constitute
    trademark infringement. This is a fundamental aspect of trademark law.
    1
    Dominos IP Holder LLC v. Dominick Pizza, 2023 SCC OnLine Del 6135.
    The likelihood of confusion is a critical element in trademark infringement cases. If there's a
    substantial risk that consumers will be confused about the origin of the products or services, it
    supports a claim of trademark infringement.

    The case is a classic example of trademark infringement. The plaintiff's ownership of a


    trademark with a distinctive name and logo, and the defendant's use of a similar name and
    logo, raised concerns about the likelihood of consumer confusion. The legal framework
    provided by the Trade Marks Act of 1999 in India, along with established legal precedents,
    reinforced the court's decision that the defendant's actions constituted trademark
    infringement. The protection of trademarks is essential to ensure consumers can make
    informed choices and to protect the reputation and goodwill associated with a brand.

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