4.6 Enforcing Trademark: Trademark Infringement Claims, Defense andRemedies in Trademark Infringement

The infringement's test: the likelihood of confusion — the identical-or-similar mark on the identical-or-similar goods, judged through the consumer's eyes (the sound, appearance and meaning comparison; the impression's totality). The related wrongs: the passing-off action (the unregistered reputation's protection: the goodwill, the misrepresentation, the damage — the classic trinity); the counterfeiting's aggravated face (the identical mark's deliberate copy). The defences: the registration's invalidity (the prior right, the descriptiveness, the deceptiveness — the cancellation-and-rectification routes); the honest-concurrent-use; the own-name defence's lore; the non-use's attack (the use-it-or-lose-it cancellation — the term's condition); the exhaustion-and- parallel-import faces (the first-sale doctrine). The remedies: the injunction (interim and permanent); the damages-or-account-of-profits; the infringing goods' and implements' seizure and destruction; the border measures (the customs' suspension — U7.3); the criminal faces (the counterfeiting scales of the national regime); the corrective advertising's modern lore. The verified prescribed case: Madan Pd. The Supreme Court ruled for the company: the mark had been registered wrongfully and deceptively in the personal name — the company, on whose behalf and for whose business the mark was created and used, was the true owner. The case is the standard citation for registration obtained in breach of faith/trust cannot found ownership — the mark belongs to the business it serves.