Brands must not only innovate continually to remain relevant and dynamic, but they must also prevent attempts by smaller businesses to use their equity and goodwill as leverage in sharp marketing strategies. When third parties and small businesses violate trademarks with deceptively similar brand names, it results in production of fake goods and significant financial losses for top corporate groups.
Data gathered from courts indicates that despite the fact that these legacy brands have always been vulnerable to intellectual property violations, particularly trademark infringements, these disputes appear to be increasing, reported The Times of India. The adoption of the practice of recognising marks as ‘well-known’ in respect of specific goods by the Trade Marks Office since 2017 may be responsible for the rise. This opens the door for others to develop similar brands for unrelated goods or services.
In a recent trademark battle, for instance, Amul went to court to protect its trademark and stop another company from using the same brand for a non-competing product—candles.
Tata Sons, in another incident, has recently sued overseas trading entities HakunaMatata Tata Founders and Tata Bonus for infringement for engaging in the sale of a cryptocurrency labelled Tata coin.
According to legal experts, the recognition of "well-known" trademarks is a significant intellectual property right that a business acquires for its goods and/or services after broad and extended use and associations with quality and consistency in the minds of consumers.
The Amul brand, popular for its range of dairy-based goods, is renowned for its dependability, quality, and consistency. According to them, depending on the products they want to sell or
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