III. Passing Off and Safe Harbour: A problematic Immunity In the absence of a clearly applicable remedy under the TMA, 1999, the common law remedy of passing off merits consideration. The classic trinity established in Reckitt & Colman v. Borden, 1990, of goodwill, misrepresentation, and damage, fits well in brand impersonation. A synthetic advertisement that […]
Consider the following scenario. A brand manager at a well-known consumer goods company. One morning, a colleague sends him a link. It’s a sixty-second video with slick production values, in which the company’s logo sits prominently on a product that the company has never manufactured, their trademarked jingle plays in the background, and a
Introduction The rapid proliferation of digital platforms intermediating access to professional services has tested the boundaries of regulatory frameworks designed for a pre-digital era. In the context of legal services, this test is now acute in a specific, litigated sense. A distinct category of platform has emerged — entities that connect individuals seeking legal assistance
BACKGROUND About one in every three urban shoppers in India uses quick commerce for primary grocery shopping. While adoption of quick commerce and other e-commerce platforms has evolved rapidly, the regulatory oversight may be lagging behind. The users may have observed certain features being introduced lately such as apps showing number of drivers that have
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