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There is a general affinity among people in today’s society for fashion and brands. Money, however, becomes a constraint to such efforts, which is why contraband and copies of the original creations are used. As soon as a design becomes popular, others start copying it shamelessly, resulting in a huge loss for the original product makers.
It is the right of the owners of original products to seek permanent injunctions from the courts of appropriate jurisdiction to prevent counterfeiters from selling counterfeit goods in India. Alternatively, owners of the original product(s) may seek compensation from the court.
There is a strong correlation between fashion and intellectual property rights. In the fashion industry, a number of laws have been enacted to protect the intellectual property rights related to the creations of fashion designers, including the Trademark Act, the Copyright Act, the Designs Act, and the Geographical Indication of Goods Act.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]