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''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 Lesnar's 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 I'm 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 Lesnar's 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 Singh's 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.
  • a)
    He will succeed in the infringement action as his trademark is registered.
  • b)
    He will succeed in the infringement action as Mr. Osama copied his trademark.
  • c)
    He will not succeed in the infringement action.
  • d)
    He will succeed in the infringement action as Mr. Osama's trademark is unregistered.
Correct answer is option 'C'. Can you explain this answer?
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The question is based on the reasoning and arguments, or facts and pri...
The passage clearly states that the trademark should be registered in the country where infringement is to be claimed. Therefore, to establish infringement claim in this case you need to register in India.
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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. Jon Snow started a shoe manufacturing company which he named as Shoes Shoes Shoes. After a year or so, Mr. Jamie Lanister also started a shoe manufacturing company which he named as Shoes, Choose, Shoes. Mr. Jon Snow got to know about it and now wants to pursue legal action. Decide.

Directions: 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.Section 14( c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.Mr. Ron Wesley wrote a book. This book became very popular as it had story line which resembled the day-to-day reality. Seeing the popularity, a drama company asked for permission from Mr. Ron Wesley to adapt the story into a drama. Mr. Ron Wesley agreed for the same. Later, a movie director who saw the drama, asked permission from the drama company to remake it into a movie. The drama company agreed for the same. Mr Ron Wesley got to know about this arrangement and now wishes to explore his legal options. Decide.

Directions: 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.Section 14( c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.In 2000, WB Productions released a movie called Harry Potter, which was about a boys magical journey to a magic school. In 2008, Hari Ram Productions released a movie named Hari Putter, which was regarding a boys journey to a magical land. Now, WB Productions wants to claim copyright infringement. Decide whether their claim is valid.

Directions: 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.Section 14( c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?

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?

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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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer?
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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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer?.
Solutions for 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. 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 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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.a)He will succeed in the infringement action as his trademark is registered.b)He will succeed in the infringement action as Mr. Osama copied his trademark.c)He will not succeed in the infringement action.d)He will succeed in the infringement action as Mr. Osamas trademark is unregistered.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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