Trademark Infringement and Online Environment: Challenges and Legal Remedies

  • Sai Swetha E. and Sai Darshini S.K.
  • Show Author Details
  • Sai Swetha E.

    Student at Sastra deemed University, Thanjavur, India

  • Sai Darshini S.K.

    Student at Sastra deemed University, Thanjavur, India

  • img Save PDF

Abstract

The internet's emergence has made the online environment an essential component in the expansion of the global economy. A technological revolution has occurred in recent years, as the Internet, web technology, and several apps have become increasingly popular. The online environment has become an essential part of international trade and services, especially for the Indian economy, as part of the larger revolution in information technology. When someone uses a trademark that is confusingly close to or identical to a registered trademark without the owner's consent, it is considered trademark infringement. Customers may be misled into believing that the infringement-related goods or services are associated with or endorsed by the owner of the trademark or that they originate from the same place as the owner's goods or services. An inherently commercial problem lies at the heart of the discussion surrounding internet intermediaries and their involvement in trademark infringement. Online trademark infringement deceives customers, damages a brand's reputation, stifles honest competition, and may lead to legal action. This paper examines the ways in which online trademark infringement affects customer trust, brand reputation, and fair competition. Focusing on the current Indian legal framework, it identifies key challenges and proposes legal remedies to address these issues effectively.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 6, Page 214 - 226

DOI: https://doij.org/10.10000/IJLSI.112298

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLSI 2021