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February 6, 2025

Legal Issues Seminar-General IP (LIS-GIP) On “Can Exclusivity Be Claimed Over An Unregistered Single Colour Mark For Passing-Off Actions Against Third-Parties?”

Featuring: Adyanshi Kashyap

A Legal Issues Seminar was conducted by Adyanshi Kashyap, Associate, on the topic “Can exclusivity be claimed over an unregistered single colour mark for passing-off actions against third-parties?” The seminar examined whether a single colour mark, without registration, can be protected under passing-off claims. It discussed key provisions of the Trade Marks Act, 1999, and judicial precedents recognizing colour as a “source identifier” when it has acquired distinctiveness. The discussion explored how courts assess goodwill, misrepresentation, and consumer association while also considering counterarguments like the functionality doctrine and the risk of unfair monopolization. The session underscored the importance of balancing brand rights with market competition to ensure fair and consistent trademark protection.

The presentation can be accessed here.

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