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CONSUMER PROTECTION AGAINST TRADEMARK CONFUSION

By R. Aarthi Rathna


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Abstract
Traditionally, both trademark and consumer laws were developed with the primary purpose of defending and safeguarding consumers’ interests. Though consumer law as well as trademark law are based on the principle of promoting consumer welfare, the former prioritizes consumer right while the latter prioritize proprietors right. When the issue of trademarks is studied from the consumer’s perspective, serious flaws in the present trademark legislation can be found, which directly or indirectly harm consumers. Also, the Consumer Protection Act which ensured every consumer’s access to a fairer, safer, and more sustainable marketplace, has not directly address customers who are confused by trademarks. Thus, the significance of “consumer protection against trademark confusion” is discussed in this article with its possible solutions.
Keywords
Trademark, consumer, consumer protection act, consumer right, consumer welfare.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 294-298
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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