6 July 2026

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AI Generated Brand Impersonation and the Limits of ‘Use in Course of Trade’ under the Trade Marks Act, 1999 (Part II)

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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 […]

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AI Generated Brand Impersonation and the Limits of ‘Use in Course of Trade’ under the Trade Marks Act, 1999 (Part I)

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  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

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