Bombay High Court Clarifies Protection for Descriptive Trademarks in Passing Off Actions: Prior Use and Acquired Distinctiveness Remain Key
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India – Bombay High Court Clarifies Protection For Descriptive Trademarks In Passing Off Actions: Prior Use And Acquired Distinctiveness Remain Key.
When it comes to cases involving descriptive trademarks, courts must find a balance between preventing people from monopolising common trade expressions and protecting the goodwill earned through long-standing commercial use. Although descriptive marks are not usually inherently distinctive, they can still be given legal protection if consumers have come to associate them with a particular source due to long use. On the other hand, claims that a…
Bombay High Court Clarifies Protection for Descriptive Trademarks in Passing Off Actions: Prior Use and Acquired Distinctiveness Remain Key
When it comes to cases involving descriptive trademarks, courts must find a balance between preventing people from monopolising common trade expressions and protecting the goodwill earned through long-standing commercial use. Although descriptive marks are not usually inherently distinctive, they can still be given legal protection if consumers have come to associate them with a particular source due to long use. On the other hand, claims that a…
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