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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Arjun owns a registered trademark 'NILGIRI' for tea. Priya, a rival, uses the identical mark 'NILGIRI' on a brand of packaged tea without his consent. Which statement correctly describes the legal position?

Priya infringes. Where an identical mark is used on identical goods without the owner's consent, the Act presumes a likelihood of confusion, so the registered owner need not prove actual deception or copying of the logo.

  1. APriya infringes only if Arjun proves actual confusion among buyers
  2. BPriya infringes, and Arjun need not prove deception because use of an identical mark for identical goods raises a presumption of confusionCorrect
  3. CPriya infringes only if she has copied the logo as well as the word
  4. DPriya does not infringe because tea is a general agricultural product

Explanation

Under the Act, use of an identical mark for identical goods by a non-permitted user in the course of trade is infringement, and the likelihood of confusion is presumed by the Court. Proof of actual confusion is not needed, which makes option A wrong.

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