International Journal of Contemporary Research in Multidisciplinary

Abstract:

Advertising—integral to brand positioning and commercial communication—has emerged as a potent vector for trademark infringement in contemporary India. This paper examines the role of advertising not merely as a medium of brand dissemination but as a catalyst of infringing conduct, particularly under Sections 29(1), 29(4), and 29(6) of the Trade Marks Act, 1999. Drawing upon seminal precedents such as Emami Ltd. v. Marico Industries Ltd. (2008 SCC OnLine Del 1405), Daawat Foods Ltd. v. Shahjan Khan (2020 SCC OnLine Del 1037), and M/s Google LLC v. DRS Logistics (P) Ltd. (2023 SCC OnLine SC 49), this study critically critiques judicial interpretations of “use in the course of trade” as extended to comparative advertising, domain name manipulation, keyword bidding, and other emerging digital marketing stratagems. The paper underscores the necessity for doctrinal coherence, regulatory clarity, and enhanced advertiser responsibility in navigating the complex tension between commercial speech and trademark exclusivity within India’s rapidly evolving digital marketplace and globalised economy. Its further advocates for proactive judicial and legislative interventions to safeguard proprietary interests without stifling legitimate commercial expression.

Keywords:

Trademark Infringement, Comparative Advertising, Domain Name Abuse, Indian Jurisprudence, Trade Marks Act, 1999.

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