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July 19, 2024

Legal Issues Seminar-General IP (LIS-GIP) On “Does the unauthorized use of a trademark by way of spoken use in a critical comment result in infringement?”

Featuring: Devesh Kapoor

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Devesh Kapoor, Associate, on “Does the unauthorized use of a trademark by way of spoken use in a critical comment result in infringement?”. The seminar discussed relevant provisions under the Trade Marks Act, 1999 to determine infringement of trademark by spoken use as well as visual representation. The session deconstructed decisions of the Supreme Court and High Courts wherein infringement was sought to be determined based on spoken use and visual representation, such as via cinematograph films. The seminar involved an interesting discussion on whether intent of the spoken use and visual representation holds value in determining infringement by detriment to reputation of a trademark. The session concluded with a discussion on the difficulty of balancing brand protection with the need for open public discourse, reflecting the challenge of harmonizing legal principles with free speech and creative expression.

The presentation can be accessed here.

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