Trademarks in the internet: the road ahead

With globalization and large scale internet brand names, usage trade, trade names, etc. have immense importance that require standardized minimum standards of protection and proficient procedures for enforcement which were recognized under the TRIPS agreement. The recent legal doctrines of ‘initial interest confusion’ and ‘nominative fair use’ have become very common phrases to define the scope of acceptable trademark usage on the internet. After extensive review and subsequent amendment of the old Indian Trade and Merchandise Marks Act, 1958, the new Trade Marks Act, 1999 was enacted. This Act, conforms to Trade Related Aspects of Intellectual Property Rights agreement and is in synergy with the international systems and practices. Since, India is a common law country, it follows both the codified law and the common law principles that provides for both infringement and passing off actions against violation of trademarks. The Trade Marks Act under Section 135 recognizes both the violations. Infringement is basically the violation of the exclusive rights granted to the registered proprietor of the trademark when the same is used elsewhere. It is significant to note that the Indian trademark law adheres to the common law principles and protects the vested rights of a prior user against a registered proprietor.