As if my proposed (hypothetical) case scenario came true!
If you read one of my earlier blog (Link: https://www.jpranavc.in/2024/11/maybe-theres-no-necessity-for-concept.html), wherein, I drew a comparison what if a day comes when X7 from BMW X7 being taken away by anyone, and as trademarks shall be considered as whole under Section 17, wherein the Classes of goods should also differ, and even if same, then Nandini VS Nandhini would be invoked, as all goods and services in one class can’t be claimed; unless already acquired Well-Known status; thus, such infringement won’t create an issue!
And there also I proposed a new theory and solution, as what can be done to counter such situations, as there’s another law needed, wherein the length of the trademark should be restricted, and the rest shall be included under slogans only, or should be included under copyrights act, with this my new proposed law.The same thing happened recently with the Indigo VS Mahindra, wherein, Indigo filed an infringement case against Mahindra for infringing of their trademark 6E which is used by the Indigo as a key brand feature including 6E Prime and 6E Flex; and if you download the Indigo App, you would see brand names like 6Eskai, 6E Rewards, 6Exclusive fare, 6E Shuffle etc; whilst the Mahindra’s took this 6E especially for their electric cars as BE 6E.
This is exactly I was writing earlier, as that’s why a law is needed to counter such situations. Section 17 cannot be applied everywhere, and not all trademarks end up achieving Well-Known Status, and I presume, even Indigo’s 6E isn’t so far registered as Well-Known, as per my knowledge and belief!
One needs to understand that, registered or not, Section 17 is vague, according to me. And that’s why, as per my proposed law, as written in the previous blog, read with the present, a new regulation is needed which could define clearly where Section 17 can be applied, or, whether it can be even applied at all.
© Pranav Chaturvedi
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