The Rise Of Virtual Brands: Trademark Protection For Businesses Existing Only On Delivery Platforms
This article is written by Akash Pal, pursuing a BBA.LL.B from Jagran Lakecity University, Bhopal.
The rise of the digital food economy has led to the birth of the virtual brand – a business entity which conducts itself entirely through intermediary service providers like Zomato and Swiggy and has no physical existence of its own. Even as these entities have mushroomed in Indian cities, the IP law regime has failed to accommodate the unique features of the phenomenon. This paper explores the question of the adequacy of the provisions of the Trade Marks Act, 1999 in safeguarding the brand image of platform-based businesses. In particular, the following issues will be considered – the problems inherent in the use of brand online, passing off in the digital context, enforcement against infringement on the platform, and the hurdles in the process at the Trade Marks Registry.
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