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August 3, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “What Is the Threshold For Application Of The Defense Of Nominative Fair Use Under Trademark Law?”

Featuring: Shreya Kunwar

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Shreya Kunwar, Associate, on “What is the Threshold for Application of the Defense of Nominative Fair Use under Trademark Law?” The seminar explored the relevant provisions under the Trade Marks Act, 1999 in conjunction with the divergent views taken by courts to discuss the parameters/tests that have been laid down by the courts to determine the threshold of the application of the defense of nominative fair use. The session concluded with an interesting discussion on whether there can be a fixed set of principles to assess nominative fair use in trademark infringement cases.

The presentation can be accessed here.

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