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Theoretical Underpinnings of Trademark Law: Decisions of the Supreme Court of India

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Title Theoretical Underpinnings of Trademark Law: Decisions of the Supreme Court of India
 
Creator Raza, Aqa
Alam, Ghayur
 
Subject Utilitarian Theory
Publici Juris
The Trade Marks Act
1999
Theoretical Underpinnings
Supreme Court of India
Ratiocination
Intellectual Property
Common Law
Equity
Consimili Casu
Unwary Purchaser
Consumer Welfare
Trademark Monopoly
Trademark Trafficking
Public Policy
Commercial Morality
Trademark Infringement
Passing Off Action
 
Description 351-366
This Paper identifies and analyses the theoretical underpinnings of trademark law in the light of decisions of the Supreme
Court of India (here in after, the Court). Outcome of analysis is four-fold. One, only the Utilitarian Theoryhas been invoked
by the Court and that too not explicitly but only by implication to justify trademark law. Two, judicial ratiocination mainly
hinges on two grounds that trademark law maximizes happiness by directing unwary customer to the source of goods or
services, and minimizes the pain of unwary customer by protecting her from actual or likely deception or confusion as to the
source of goods or services. Three, protection of exclusive right of trademark holder in the trademark is merely a means
necessary to promote social good in general and interest of unwary customer in particular. Four, judicial invocation of
publici juris is designed to pre-empt tragedy of commons. At the end, Paper develops an argument that the Court should
have applied judicially manageable standards to rigorously scrutinize theoretical underpinnings of trademark law.
 
Date 2022-09-29T06:53:41Z
2022-09-29T06:53:41Z
2022-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/60562
https://doi.org/10.56042/jipr.v27i5.58798
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.27(5) [September 2022]