Trademark Infringement and Consumer Confusion in Digital Marketplace
This article is written by Aastha, pursuing a BBA.LL.B from Army Institute of Law, Mohali, Punjab.
The digital marketplace has totally changed the way via which consumers discover, evaluate, and purchase goods. The changes have brought unexpected and surprising convenience. But it also resulted in trademark infringement and consumer confusion. Traditionally, legal provisions never made to dealt with such issues.
This research basically focus on the unexamined question that, what responsibility do digital platforms have in preventing trademark infringement and consumer confusion occurring on their infrastructure? Through doctrinal and comparative legal analysis, the paper studies existing trademark laws in India and internationally and their reactions and actions to such challenges. The study takes into consideration judgments like Cadila Healthcare v. Cadila Pharmaceuticals (2001) and Christian Louboutin v. Nakul Bajaj (2018) Alongside the landmark judgments international frameworks carries due importance for instance the EU Digital Services Act 2022. The paper concludes that proactive platform accountability, targeted legislative reform, and binding international cooperation are essential to protect both trademark owners and consumers in an increasingly borderless digital economy.
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