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December 5, 2024

Legal Issues Seminar-General IP (LIS-GIP) On “Is There A Threshold To Determine ‘Bad Faith’ Under Trademark Law?”

Featuring: Vanshika Gupta

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Vanshika Gupta, Trainee Associate on “Is there a threshold to determine ‘Bad Faith’ under trademark law?”. The seminar explored the relevant provision of Section 11(10) of the Trade Marks Act, 1999. The discussion highlighted divergent views taken by the Court to interpret bad faith in cases involving trademark squatting, misuse of established brand reputation, and deliberate market confusion. The members discussed the various indicators of bad faith such as the lack of honest intention, unethical commercial behavior, and failure to conduct due diligence. The session concluded with a discussion on dishonest trademark practices.

The presentation can be accessed here.

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