I.D.
END TERM EXAMINATION, APRIL 2017
B.A.LL.B. (HONS.)
SEMESTER-VIII X
IPR Trademark (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. What are collective trademark, explain with relevant examples.
b. Explain the concept of 'Central Attack' under both Madrid Agreement and Madrid Protocol.
c. What are associated trademarks? Explain with examples.
d. How 'Registered Proprietor' is different from 'registered
e. What is spectrum of distinctiveness?
f. Comment on the protection of Trademarks having reputation in India against registered trade
names.
g. Explain the concept of 'meta-tagging' and its implication on trademarks.
h. Explain the International registration of trademarks under Madrid protocol with the aid of a
flow chart.
i. Discuss the tests for the determination of likelihood of confusion under S.29 and S.11
j. Explain 'Mareva Injunction' and 'Anton Pillar' as civil remedies.
2. Mr. Peter Wayne, owner of Wayne Enterprises registered its trademark (Composite mark of word
and device) 'Imperial Blue' in around 110 countries for his restaurants. Now the company
launched and hence filed an application to register the mark for manufacturing and selling
alcoholic beverages under the same trademark in the territory of Eluwa*.
In the meantime, Imperial College of London, one of the globally renowned Institution strongly
objects to the registration of 'Imperial Blue' for alcoholic beverages; alleging that it will dilute
their famous mark 'Imperial College of London' as they are using the identical term 'Imperial'
and the similar color in background, which is causing tarnishment and blurring, as its association
with goods and services at odds with educational amenities will adversely affect it. Trademark
registration was rejected on this ground, but, Wayne Enterprises continued to apply the mark on
alcoholic beverages. The logos of both University and the company are presented below.
*Note: Domestic laws of Eluwa are parimateria to the laws of India.
Answer the following questions in the light of above mentioned facts: (Marks
a. Explain the concept of Trans border reputation and dilution by tarnishment.
b. Discuss whether Imperial Blue is infringing the trademark of imperial college of London or
the mark Imperial blue' is used with due cause?
PTO
3. Answer the following on 'Principle of Exhaustion':
a. Explain the principle of exhaustion under trademark laws.
b. Discuss the reasons given by the division bench of Delhi High Court in the case of Kapil
Wadhwa v. Samsung Electronics Co. Limited to read International exhaustion in Section
of the Trade Marks Act, 1999.
c. Is it possible for a country to follow different principles of exhaustion of rights for different
category of intellectual property? (Marks
4. What are the circumstances in which trademark of one trader can be used by another? Discuss the
concept of 'fair use' under the Trademark Act, 1999 with relevant case laws and applicable
provisions. (Marks 10)
5. 'The object of trademark law is to preserve for the trader the reputation he has made for himself,
and not to help him in disposing of that reputation as of itself a marketable commodity,
independent of his goodwill.' In the light of mentioned statement discuss the following:
a. Comment with reasons backed by provisions (if any) of the Trademark Act, 1999 that
whether 'Trademark' and 'Goodwill' are separable or inseparable and what would be the
effect of such assignment?
b. Explain the procedure for the assignment of Trademark under the Trade Marks Act, 1999.
(Marks
6. How the criteria for determining the question of passing off and its enforcement is different from
the trade mark infringement? Discuss it with the relevant case laws and applicable provision.
(Marks 10)
7. Shipkart Inc. (Shipkart) is an online market place that facilitates the buying and selling of the
goods through their portal. It connects buyers and sellers and enable transactions which are carried
out directly between Shipkart's members by providing the platform for the sale of goods and
support for the transactions but it does not itself sells the items. Shipkart generate revenue by
charging sellers to use its listing services.
Titan is a well-known brand for jewelry and watches. It registered its trademark (registered in the
year 2012 through Madrid Protocol) in across 75 countries, including India. Sometimes in 2015
Titan realized that counterfeit Titan merchandise was been sold on www.Shipkart.in (Indian
Territory). In response they sent a notice to Shipkart Inc. making them jointly and severally liable
for its trademark infringement. Along with this, to recover its reputation in market Titan released
advertisements as: "BUYER BEWARE! GOODS SOLD AT SHIPKART ARE
COUNTERFEITED".
On other hand Shipkart immediately retorted to evade counterfeit selling of goods on their site by
taking strong actions like cancelling suspicious transactions, suspending the listed sellers and it
also employed an anti-fraud measure to avoid the counterfeit transactions. But, even after
employing such measures few counterfeited products were found to be sold on the Shipkart's site.
Titan initiated the action by suing Shipkart for facilitating the selling of counterfeited Titan goods
on its portal and hence resulting in direct and contributory trademark infringement, trademark
dilution. In return Shipkart filed a counter claim for disparaging Shipkart's mark.
In the light of above mentioned facts answer the following questions:
a. Whether the Shipkart is liable for direct and/or contributory infringement? Justify your
answer with relevant provisions and applicable case laws.
b. Whether Titan's advertisement i.e. "BUYER BEWARE! GOODS SOLD AT SHIPKART
ARE COUNTERFEITED" is disparaging the Shipkart's trademark? Justify with applicable
provisions and relevant cases. (Marks: 10)