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Read the information given below and answer the questions based on it.
The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.
The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.
Q. Which one of the following makes the best conclusion for the article?
  • a)
    The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.
  • b)
    There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.
  • c)
    To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.
  • d)
    The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.
Correct answer is option 'D'. Can you explain this answer?
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Trademarks Act, 1999, the law provides for a better protection of trademarks, the fact that the trademark law provides protection to trademarks.
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Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.The saying “trading must not only be honest but must not even unintentionally be dishonest which is the gist of a particular concept mentioned in the above article “is well suited for which of the following options?

Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following is the view point of the author related to second para of the article?

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Brock Lesnars catchphrase is not unique as it has already been used widely. Hence, even if an action for infringement is instituted in the US courts, no remedy would be available on the ground that the catchphrase does not involve creativity or distinctiveness. Association with a good or service may be dispensed with in this case, as catchphrases have been registered in the U.S. which concern a person.Many catchphrases such as Im Loving It for McDonalds, Just Do It for Nike etc. have been granted trademark protection in India. Although, the position is not clear regarding, trademark on celebrity catchphrases, but decisions by various High Courts can be used to remove the ambiguity. In Reebok India Company v. Gomzi Active, the Karnataka High Court held that in order to claim a phrase as trademark, the person must establish that his distinctive use has developed goodwill and secondary meaning for his product (Para 12 of the Judgement). A similar stance was taken in Raymond Limited v. Radhika Export AndAnr, by the Bombay High Court wherein the need for creative use and considerable acquired goodwill and market reputation to claim trademark protection for catchphrases was stressed upon (Para 11 of the Judgement).Looking at the wide usage of Brock Lesnars catchphrase, registration would surely be refused under the Indian law. Anyhow, currently, there is no registration of the phrase eat, sleep, conquer, repeat in the Indian Trademark Registry and as per Section 27(1) of the Trade Mark Act, 1999, infringement litigation cannot lie when the trademark is unregistered. Even if the catchphrase is granted registration, infringement will only take place when the registered trademark is used in the course of trade by another party. In a particular case, Ranveer Singh merely used it on social media which no way comes under the ambit of the term course of trade.Laws for copyright and trademark protection are different. Copyright laws are pretty harsh when it comes to the protection of catchphrases. If tomorrow copyright protection is given to such short phrases then, maybe one day will come wherein no phrases would be there to use. On the other hand, trademark protection for catchphrases seems to be valid. A brand needs to distinguish itself from that of the others, and thus catchphrases need protection. The controversy above would have made more sense if the threat was regarding trademark infringement, but anyhow Ranveer Singhs usage could not amount to infringement whether it is copyright or trademark.Q.Mr. Jack Ryan, who runs his business in the US, got his trademark registered there. Mr. Osama, who runs his business in India, started using a trademark same as that of Mr. Jack Ryan. Now, Mr. Jack Ryan wants to pursue infringement action. Decide.

Intellectual property rights (IPR) are basically negative rights, which allow the right-holder to (i) utilize, (ii) dispose of his rights and (iii) initiate legal action against those who infringe them. Anybody who misappropriates the property is faced with civil and/ or criminal consequences. While the traditional remedies include injunction, cost, damages, etc., what has assumed more popularity in these days is the non-traditional forms of remedies like, Anton Piller order, interlocutory injunction, etc. Anton Piller order is a very potent weapon in the plaintiff’s arsenal. Often dubbed as the ‘nuclear weapon’, it has the power even to destroy the defendant’s reputation and business. This potential of its being abused makes the order a force to reckon with. Generally, while granting an Anton Piller order, the Court has to balance between two conflicting interests- combating infringements of IPR and safeguarding the defendant’s right to privacy and privilege against self-incrimination. In this paper, various aspects of Anton Piller order, like jurisdictional aspect, requirements, safeguards against abuse, etc., through English cases are analyzed. In the end, scope of the application of Anton Piller order in Indian legal system through discussion of cases and various Acts is examined.Anton Piller Order in UK -The Anton Piller order is a form of discovery preservation granted on ex parte application. It can comprise of an injunction to restrain infringement, permission to enter defendants premises to inspect documents and remove originals or copies of the originals, permission to remove allegedly infringing goods, and an injunction to restrain defendant from disclosing contents of the injunction to third parties for a specified period. The purpose of the order was explained in Yousuf v Salama, where Lord Denning MR observed that the order intends to prevent the danger of destruction of evidence.Q.While granting an Anton Piller order, the Court has to balance between two conflicting interests- combating infringements of IPR and safeguarding the defendant’s right to privacy and privilege against ______________.

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Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer?
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Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Read the information given below and answer the questions based on it.The Trademark Act of 1999, both in letter and spirit, lays down that, while it encourages fair trade in every way and aims to foster and not to hamper competition, it also provides that no one, especially a trader, is justified in damaging or jeopardizing another’s business by fraud, deceit, trickery or unfair methods of any sort. This necessary precludes the trading by one dealer upon the good name and reputation built up by another. Passing off as an action arose as a part of tort and was very widely acknowledged in the common law countries. Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services.The recognition of an infringement in various forms has garnered the required attention but passing off has yet not been able to establish a stage in the eyes of the common man and therefore it can still be seen taking place, unreported. The issues there under such as how clarity can be brought by characteristic difference between infringement and passing off has been brought to the public domain by the courts in India in a number of cases. The major hypothesis of the project is that the laws have not been able to demarcate a specific line between infringement and passing off beyond registration. Thereby leading to chaos in the common man’s mind with respect to the said. It is beneficial if combined action for infringement and passing off is brought in one suit as incorporating a plea of infringement, if the mark gets registered can always amend the plaint.Q.Which one of the following makes the best conclusion for the article?a)The protection under the law is essentially for the purposes of protecting the moral and economic rights of the unregistered trademark in the market and that the infringement protects the rights of the registered trademark in the market.b)There has not been a very line demarcated that brings clarity very rigidly apart from registration as to the difference between the infringement and passing off.c)To boost the competition and fair usage so as to protect the rights of the honest person it is very important that there is growing awareness of the IPR and especially the rights such as passing off in trademark.d)The development of liberal interpretation of the laws governing the Trademark have been liberal and has it given room for more infringements or creativity and whence the rights of the creator or the author though unregistered were curtailed, due to unawareness therefore under interest of the public at large it is important to bring the sphere of IPR in the limelight and recognize it.Correct answer is option 'D'. 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