Infringement of Trade Mark in the Digital Domain: A Comparative Study of India, the United Kingdom, and the United States
Year: 2024
Type: article
Abstract: Technological advancement has revolutionized trademark protection, hiring new challenges in the fight against infringement within jurisdictions such as India, the U.K., and the U.S.A.This is because, with the growth of e-commerce, social networking websites, and digital advertising, there has been the development of new types of infringements, for example, cybersquatting, keyword advertising, and social media use, among others.All jurisdiction's legal systems differ on these issues, with the U.S.A. proving more liberal with doctrines such as initial interest confusion as opposed to the conservative stance of the U.K. and India.While there is overlapping of objectives in trademark protection, legal approaches are different or vary in judicial concern and statutory provisions like cybersquatting laws in the U.S.A. and passing off laws in India.In response to these challenges, the paper recommends the following measures: synchronization of international trademark laws, strengthening ADR measures, legislation update for interaction with the new trends in the sphere of digital activity, and founding of the unique ID IP courts.All of these efforts are intended to strengthen trademark safeguards in a rapidly growing digital environment.
Authors: Mamta Pal, Dr. Ajaymeet Singh
Institution: Chandigarh University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4404387605