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August 20, 2024

Practice Work Shop (PWS) On  “Do Limitations Placed On Customization Of Third-Party Branded Goods Restrict Creative Expression?”

Featuring: Arundathi Krishnadas

During last week’s PWS Session, Arundathi Krishnadas, Associate, hosted a discussion on “Do limitations placed on customization of third-party branded goods restrict creative expression?”. The session commenced with a discussion on whether there exists an exclusive right to customize which should vest with trademark owners. The members exchanged ideas on whether the defences under trademark law can adequately protect aftermarket customizations as creative expression. The session then progressed into a discussion on the difference in the treatment of customizations for personal use versus customization for commercial benefit. The session concluded with the members conceptualizing an eco-system that counterbalances the rights of trademark owners while also ensuring that customizers can participate in the marketplace.

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