ROLE OF INDIAN JUDICIARY IN SHAPING TRADEMARK LAWS IN SPECIAL REFERENCE TO TELE ADS

With liberalisation and globalisation extending its tentacles all over the world, it has had an effect on the world order in a variety of ways, including the economy; it has resulted in economic globalisation, which represents a significant transformational shift. Because of the rapid rise in the manufacture of products and services, the methods of production and manufacturing are evolving. The advertiser's primary goal is to increase the selling of his product or service and to educate the customer about its efficiency, but the rival with whom the goods are compared is concerned with the manner, in which the products are compared, as well as the prestige and goodwill of both parties. When a company uses promotional strategies to implement a marketing and promotion plan, there is a chance that an Intellectual Property dispute will arise. The primary goal of trade mark law is to identify products and differentiate one person's goods and services from those of another. The trademark establishes a connection between the products and their source of origin. The law regulating false advertising and unfair competition regulates a company's potential liability in the event of false advertising. The author of this research paper will investigate under what conditions advertising based on a competitor's name, symbol, or emblem is deemed actionable, as defined by the laws of various countries. In light of trademark laws in India, the Author has analysed the judicial precedents set by the Indian judiciary in shaping advertising.