Infringement of Trade Mark in the Digital Domain: A Comparative Study of India, the United Kingdom, and the United States

Technological advancement has revolutionized trademark protection, hiring new challenges in the fight against infringement within jurisdictions such as India, the U.K., and the U.S.A.This is because, with the growth of e-commerce, social networking websites, and digital advertising, there has been the development of new types of infringements, for example, cybersquatting, keyword advertising, and social media use, among others.All jurisdiction's legal systems differ on these issues, with the U.S.A. proving more liberal with doctrines such as initial interest confusion as opposed to the conservative stance of the U.K. and India.While there is overlapping of objectives in trademark protection, legal approaches are different or vary in judicial concern and statutory provisions like cybersquatting laws in the U.S.A. and passing off laws in India.In response to these challenges, the paper recommends the following measures: synchronization of international trademark laws, strengthening ADR measures, legislation update for interaction with the new trends in the sphere of digital activity, and founding of the unique ID IP courts.All of these efforts are intended to strengthen trademark safeguards in a rapidly growing digital environment.

Authors

Publication Details

Journal
International Journal of Research Publication and Reviews
Published
2024-11-01
DOI
https://doi.org/10.55248/gengpi.5.1124.3114
Primary Topic
Intellectual Property Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Infringement of Trade Mark in the Digital Domain: A Comparative Study of India, the United Kingdom, and the United States

Ashish Kumar Singh, Mamta Pal
International Journal of Research Publication and Reviews
Intellectual Property Law
article

Infringement of Trade Mark in the Digital Domain: A Comparative Study of India, the United Kingdom, and the United States

Ashish Kumar Singh, Mamta Pal
article en

Abstract

Technological advancement has revolutionized trademark protection, hiring new challenges in the fight against infringement within jurisdictions such as India, the U.K., and the U.S.A.This is because, with the growth of e-commerce, social networking websites, and digital advertising, there has been the development of new types of infringements, for example, cybersquatting, keyword advertising, and social media use, among others.All jurisdiction's legal systems differ on these issues, with the U.S.A. proving more liberal with doctrines such as initial interest confusion as opposed to the conservative stance of the U.K. and India.While there is overlapping of objectives in trademark protection, legal approaches are different or vary in judicial concern and statutory provisions like cybersquatting laws in the U.S.A. and passing off laws in India.In response to these challenges, the paper recommends the following measures: synchronization of international trademark laws, strengthening ADR measures, legislation update for interaction with the new trends in the sphere of digital activity, and founding of the unique ID IP courts.All of these efforts are intended to strengthen trademark safeguards in a rapidly growing digital environment.

International Journal of Research Publication and ReviewsVol. 5(11)
Openalex Percentile: Top 62%
Intellectual Property Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Infringement of Trade Mark in the Digital Domain: A Comparative Study of India, the United Kingdom, and the United States — Ashish Kumar Singh, Mamta Pal · International Journal of Research Publication and Reviews (2024) | TGRS Research Map | TGRS