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Trademark Law Declared by the Supreme Court of India in Twenty-First Century (2000–2009) — I

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Title Trademark Law Declared by the Supreme Court of India in Twenty-First Century (2000–2009) — I
 
Creator Raza, Aqa
Alam, Ghayur
 
Subject Trademark
Supreme Court of India
Law Declared
Article 141
The Constitution of India
The Trade Marks Act, 1940
The Trade and Merchandise Marks Act, 1958
The Trade Marks Act, 1999
Decisions
Constructed Meaning
Principles
Bench
Unanimous
Concurring
Dissenting
nterpretation-Construction
Unwary Purchaser
Trademark Trafficking
Trademark Infringement
Passing Off Action
Remedy
Twenty-first Century
 
Description 445-460
The Parliament of India makes, amends, and unmakes law. The Supreme Court of India (hereinafter, the Supreme Court),
under Article 141 of the Constitution of India, declares the law and makes and unmakes the law. These constitutional powers of
two branches are related but separate. The Supreme Court in the first decade of 21st century has delivered 23 decisions on the
trademark law. On an average, the Supreme Court has decided 2.3 (point three) trademark cases in a year; or one trademark
case in 158.82 (point eight two) days or in .43 (point four three) years. A review of reported 21st century decisions reveals that
the Court has: (i) declared trademark law in 17 decisions; (ii) not only interpreted the provisions of the statutes but has also
constructed them; (iii) not declared anything on the constitutionality of the trademark statutes as no such question of
constitutionality was brought before it; (iv) delivered all the decisions unanimously as no dissenting or concurring judgment is
reported; and (v) decided maximum number of cases by Division Bench (21) and remaining 2 cases by Full Bench. It is also
observed that no sitting or acting Chief Justices of India was on the Bench in any of the cases. Paper proceeds with the same
argument and method as developed in the first four papers on patent law, copyright law, design law and trademark law in
twentieth-century published under the theme ‘IP Laws Declared by the Supreme Court’. This Paper seeks to cull out the
principles of trademark law as declared by the Supreme Court in the first decade of the twenty-first century.
 
Date 2023-09-25T11:09:13Z
2023-09-25T11:09:13Z
2023-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/62586
https://doi.org/10.56042/jipr.v28i5.3016
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(5) [Sep 2023]