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Misuse of trademarks
We all have heard about the clothing companies, “Allen Solly” and as “Lee Cooper”, but has anyone heard of “Lee Solly” and “Allen Cooper”?? Yes I have and I have been to the showrooms where such brands are doing great business. In India, the scenario of the registration as well as safety measures to save the trademarks has always found loopholes. People are not so much aware as they are supposed to be. The layman also lacks knowledge about the concept of trademarks and how they are being misused. The use of such marks is not only deceptively similar to the trademarks of the other companies but also creates confusion for the customers which ultimately results in damage for business of the company. One can find the Indian market loaded with fake brands such as “jokey” which is the misrepresentation of undergarments brand “Jockey”, “Calvin Kleen” or “Calvin Klin” or “Calvin Klien” which confuses the customers with the famous brand “Calvin Klein”, “Reepok” that is deceptively similar to a famous shoe brand “Reebok”. There is a famous food chain “Hot millions” in Chandigarh, I wonder whether the owners know that a restaurant known as “Hot Billions” is also operating in Karnal. When I saw it for the first time, I accidentally took it as the part of the same chain. I find out the difference between the two only when I checked the spelling. All the instances that I have mentioned above are just like a few drops from the ocean. It is not only applicable to the names but also the symbols that represent the trademarks of good companies. Now a days, logos used for Puma, United colors of Benetton, Espirit, Nike, and Adidas are modified or customized and are sold to the customers in prices lower as compared to the original brand. Such strategy attracts the customers to get lucrative deals under the pretext that they are going to buy original stuff. It affects the business of the companies and they tend to lose their charm. I think that at present, we need a good training program to all the people concerned so that they become aware of how others might misuse their marks for establishing their own business and deriving the profits. IPR (intellectual property rights) has become an essential law that reflects the importance of trademarks, patents, geographical indications, and copyrights. It is extremely important to keep one well versed and aware about how the system operates. Only alert buyers and businessman can help reduce the infringement and passing off of the trademarks which would prove beneficial for the economy as well as the genuine companies which deserve the credit for their hard work.
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