The Judicial Expansion of Trade Mark Tarnishment in India

While Indian intellectual property law mirrors English law to a large extent, there are some interesting areas of divergence. In the context of trade marks, one such area concerns trade mark tarnishment. My presentation will focus on cases on trade mark tarnishment under the Indian Trade Marks Act, as well as the judicial interpretation of the tort of malicious falsehood. Drawing comparisons with other jurisdictions, I will argue that Indian courts have provided excessive protection to brand owners, which has limited commercial and non-commercial speech.

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Each year the OIPRC hosts a number of leading academics from around the world as part of its Invited Speaker Series. These events typically run from 5:15-6:45pm on Thursday evenings at St. Peter’s College; if the venue or time is different, it will be noted on the Events calendar.  The Speaker Series consists of a presentation of about 45 minutes, followed by a Q&A session with the assembled group of academic staff, students (both undergraduate and graduate), researchers, and interested members of the public.  Discussion is informal and includes participants from several disciplines, with a wide range of prior knowledge.

Refreshments and snacks are served at the conclusion of the discussion.  All are welcome.

This year’s schedule evolves throughout the year, but a 2016 - 2017 listing is available here.