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August 14, 2024

Legal Issues Seminar-General IP (LIS-GIP) On “Whether a Plaintiff can claim infringement based on similarity of a mark with the disclaimed part of the trademark?”

Featuring: Priyanshi Rastogi

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Priyanshi Rastogi, Associate, on “Whether a Plaintiff can claim infringement based on similarity of a mark with the disclaimed part of the trademark?”. The seminar discussed relevant provisions under the Trade Marks Act, 1940 and the Trade Marks Act, 1999 to determine whether a Plaintiff can claim trademark infringement on the basis of similarity of a mark with the disclaimed part of the trademark. The session analysed various judgments discussing the purpose of disclaimers and its impact on the ability of a trademark proprietor to claim trademark infringement vis-à-vis passing off. The members also exchanged their views on whether a Plaintiff can claim that the defendant has infringed the Plaintiff’s mark because it has copied the disclaimed part of the trademark. The session concluded with a discussion on whether the Registry can suo moto include disclaimers while granting of a trademark registration.

The presentation can be accessed here.

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