Trademark infringement occurs when someone uses a registered or well-known trademark without authorization in a way that causes confusion or damages the rights of the owner. Infringement can take several forms:
1. Direct Infringement
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Definition: Unauthorized use of a trademark identical to a registered mark on similar goods or services.
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Example: Selling smartphones under the name “iPhon” that mimics Apple’s “iPhone.”
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Legal Effect: The trademark owner can sue for damages, injunctions, and account of profits.
2. Indirect or Deceptive Infringement
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Definition: Using a mark that is not identical but confusingly similar to a registered trademark, misleading consumers.
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Example: A clothing brand named “Nkie” with a similar logo to Nike.
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Legal Effect: Courts consider factors like similarity of marks, goods/services, and consumer perception.
3. Counterfeiting
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Definition: Producing exact replicas of branded goods, including logos, packaging, and designs, to pass them off as genuine.
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Example: Fake Rolex watches sold as original.
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Legal Effect: Counterfeiting is a criminal offense in addition to civil liability.
4. Dilution
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Definition: Using a famous mark in a way that weakens its distinctiveness or reputation, even if there is no direct competition.
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Example: Using the Coca-Cola logo on unrelated goods like software or jewelry.
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Legal Effect: Trademark owners of well-known marks can claim legal remedies under dilution laws.
5. Passing Off
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Definition: Misrepresenting your goods or services as those of another unregistered or registered trademark owner.
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Example: Selling handmade chocolates under the brand “Amool” to confuse consumers with Amul chocolates.
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Legal Effect: Can be addressed under common law even without trademark registration.
6. Cybersquatting or Domain Infringement
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Definition: Registering domain names that are identical or similar to a trademark with bad faith intent.
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Example: Registering “goog1e.com” to mislead internet users.
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Legal Effect: Can lead to domain cancellation and damages under intellectual property law.
7. Import/Export Infringement
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Definition: Importing or exporting goods that bear a counterfeit or infringing mark.
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Example: Smuggling fake branded perfumes across borders.
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Legal Effect: Customs authorities may seize infringing goods; criminal and civil liability applies.
Summary
Trademark infringement can be:
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Direct or identical use
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Confusingly similar marks
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Counterfeiting
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Dilution of famous marks
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Passing off (unregistered marks)
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Cybersquatting/domain misuse
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Cross-border import/export violations
Understanding these types helps businesses protect their brands and take timely legal action against infringers.