Trademark law declared by the Supreme Court of India in twenty-first century (2000–2009) — I

Raza, Aqa and Alam, Ghayur (2023) Trademark law declared by the Supreme Court of India in twenty-first century (2000–2009) — I. Journal of Intellectual Property Rights, 28 (05). pp. 445-460. ISSN 0975-1076

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Aqa Raza and Ghayur Alam, 'Trademark Declared by the Supreme Court of India in Twenty-First Century–I' (2023) 28 (5) 445-460.pdf - Published Version

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Abstract

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.

Item Type: Article
Keywords: 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 | Bench | Decisions | Dissenting | Concurring | Constructed Meaning | Principles | Interpretation-Construction | Twentieth Century | First Decade | Unwary Purchaser | Trademark Trafficking | Trademark Infringement | Passing Off Action | Remedy
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 20 Sep 2023 05:52
Last Modified: 20 Sep 2023 05:52
Official URL: https://doi.org/10.56042/jipr.v28i5.3016
URI: https://pure.jgu.edu.in/id/eprint/6660

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