How to deal with the violation of international trademark rights? In this article, we will analyze the illegal use of an international trademark as an example of a specific case in India. If you plan to register a trademark in India, you will be interested in this material.
Why register an international TM
Recognition, popularity, and consumer trust are important for the development of any company. How to make products recognizable? No matter how beautiful the product is, buyers will learn about it by packaging, brand name or logo in the first place. This means that these elements must be memorable, unique and associated only with a particular product.
A trademark is an integral part of brand building and helps create a unique association in the minds of consumers. If the brand under which the same unique product is sold will not be registered, then what will prevent competitors from creating something very similar and selling successfully, making a profit? That's right - nothing. Therefore, the registration of an international brand is of great value to the business.
When a violator illegally uses a well-known trademark, he directly receives the undue profit, parasitizing on the uniqueness and value that the brand created with so much time and creative effort.
Trademark Dispute Resolution
Recently, the world-famous international coffee chain Starbucks sued an Indian cafe and restaurant for using its FRAPPUCCINO brand name, which is used to refer to a coffee-based cold drink.
Starbucks is the registered owner of the FRAPPUCCINO brand in India and in more than 180 countries. But this did not prevent Indian cafes and restaurants from using this TM in their menus for their refreshing drinks.
After a long story of the plaintiff demanding from the defendants to remove the trademark belonging to the plaintiff from their menu and ignoring these claims by the defendant, Starbucks turned to the High Court of Delhi and asking for a permanent injunction in India prohibiting the defendants from violating international registered trademark rights in relation to their products. In addition, they claimed compensation for damages in the amount of almost USD300,000.
The defendant behaved extremely irresponsibly in this situation and ignored the subpoenas. No one ever arrived in court on their behalf to present the case.
The result of the process is encouraging since the court made a fair decision in favor of Starbucks Corporation, forbidding the defendant, that is, a coffee shop and restaurant, to use the renowned brand name, as well as satisfying the plaintiff's other claims.
The court decided in favor of the plaintiff and a dispute was settled in relation to the international trademark. An injunction was issued against the defendant, that is, the offender was punished appropriately. This decision is a clear confirmation that brand owners can rely on protecting intellectual property rights against encroachments by third parties around the world. The business conducted under a registered trademark is protected against encroachments. This will strengthen consumer confidence, and help in competition.
If you want to register an international TM and get your intellectual property protected, resolve a dispute regarding TM, please contact the experienced solicitors from IQ Decision UK.