Deceptive similarity (the Trademarks Act, 1999)

Deceptive similarity is one of the vital tribulations that is sought to be resolved by the Trademarks Act, 1999.

As per section 2 (h):- a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion and mark as per section 2 (m) includes a device, brand, heading, label, ticket, name signature, word, letter, numerical, shape of goods, packaging or, combination of colors or any combination thereof.

CASE:- In Bombay Metal Works (P) Ltd v. Tara Singh & Ors 2006 (33) PTC (Bom.)(DB), is one such case where even after obtaining an injunction, the plaintiff is forced to make attempts to sustain the protection of marks.

Facts of the case:

Tara Sing & Ors were

passing off

1. In common law countries such as the United Kingdom, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.

importation

something that is imported from abroad; an imported commodity or article. The act of importing or bringing in; importation, as of goods from abroad: the import of foreign cars.

Free import items:-

• 200 cigarettes or
• 50 cigars or
• 250 grams of other tobacco products
• Up to 2 liters of Wines or alcoholic beverages
• 59 ml of perfume
• 250 ml toiletries
• Authorized personal goods
• An unlimited amount of

Piracy

Piracy (Video):- India being a very large country in geographical terms and densely populated country, it is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights.

A copyright violation under Section 63 B of the Copyright Act, 1957 (the Act), is a cognizable criminal offence where, upon complaint, police can raid and arrest officials of an infringing company and seize all evidence. Under section 64 of the Copyright Act, 1957, police has power size infringing copies.

In view of the unequivocal provisions contained under Section 69 of the Act, all persons responsible for the conduct of affairs of the company concerned, are liable for imprisonment and fine. While this strong legal remedy is available in India, as is in most other countries, in India, software companies more typically to select action against end-user piracy through milder civil actions.

The choice of civil or criminal remedies will depend upon the facts and circumstances pertaining to every case, and the same cannot be universalized.

Piracy is not only in India. Its happening in other parts of the world too. Its happening in India due to a simple reason. Its due to ignorance and lack of good legal systems to track and kill Piracy. 

Video piracy and its Impact on indian film industry from Vivek Dhupdale

Intellectual property rights law (Power Point Presentations)

Intellectual Property Rights In India: Patents Trademarks And Copyrights from JRA & Associates
 

4.4 INTELLECTUAL PROPERTY RIGHTS LAW (SV UNIVERSITY OLD QUESTIONPAPER)

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INTELLECTUAL PROPERTY RIGHTS LAW SEM-IV 3YR.LLB SVU dec 2002