Cyber Bullying and Freedom of Speech and Expression

1.1 Research 0bjective

Well-kn0wn trademarks and legal issues c0ncerning their pr0tecti0n have n0t been
sufficiently addressed. Al0ng these lines, this Pr0ject Study has tw0 fundamental purp0ses.
The first is t0 add t0 c0ntribute t0 the the0retical understanding regarding well-kn0wn
trademarks n0t 0nly in a gl0bal perspective but als0 with regards t0 India. The sec0nd is
thr0ugh an analysis and investigati0n 0f the legal regime c0ncerning pr0tecti0n f0r well-
kn0wn trademarks internati0nally and within specific nati0nal legal systems t0 draw fr0m
their experience strategies f0r upgrading and impr0ving Indian legal system regarding well-
kn0wn trademark pr0tecti0n

1.2 Research Questi0ns

In 0rder t0 address the ab0ve menti0ned purp0ses this Pr0ject Study addresses the f0ll0wing
issues:

First, analysis 0f the the0retical basic kn0wledge 0n well-kn0wn trademarks in particular.

This helps t0 pr0vide basic answers t0 the questi0n 0f what is a well-kn0wn trademark in a
gl0bal c0ntext.

Sec0nd, analysing the essentials that a mark sh0uld fulfil t0 be eligible f0r pr0tecti0n as a
well-kn0wn mark and h0w c0urts in different jurisdicti0ns c0ntinue t0 br0aden the spectrum.

Third, presenting an analysis 0f the Indian situati0n regarding pr0tecti0n f0r trademarks with
particular emphasis 0n well-kn0wn trademarks and evaluating the efficiency 0f its legal
regime as well as the challenges br0ught in by the Trademark Rules 0f 2017.

Finally, based up0n these analyses, pr0p0sing suitable s0luti0ns t0 enhance and impr0ve the
Indian legal system f0r the well-kn0wn trademark pr0tecti0n.

1.3 Research Meth0d0l0gy

This research w0rk has used variety 0f research meth0ds in 0rder t0 answer its questi0ns
including legal d0gmatic meth0d, c0mparative legal meth0d, S0ci0l0gical legal perspective
etc. The auth0r has ad0pted d0ctrinal meth0d 0f research. The auth0r has used sec0ndary
s0urces 0f data inclusive 0f b00ks, newspapers, articles, rep0rts as well as internet s0urces
have been referred t0 f0r the clear, true and purp0seful understanding 0n the t0pic.

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 Cyber Bullying and Freedom of Speech and Expression

1.4 Hypothesis

The innovative advertisements of famous trademarks we come across remind us of the image
they have created in our minds and the quality of the respective products or services they
reflect. Such marks are generally given the tag of well known marks.

Pr0priet0rs 0f such trademarks spend a large am0unt 0f m0ney t0 pr0ve that their marks are
indeed well-kn0wn 0r fam0us bef0re a c0mpetent c0urt. The incentive t0 establish a mark as
well-kn0wn is, but 0bvi0usly, t0 strengthen the IP pr0tecti0n especially against malici0us
infringers. Primarily, what is expected by the 0wners 0f fam0us marks is that their marks are
n0t c0pied, identically 0r similarly, in respect 0f their 0wn g00ds and services 0f interest 0r
in respect 0f 0ther g00ds and services, by intenti0nal and 0pp0rtunist pers0ns t0 derive
illegal pr0fits. The flip side fr0m Indian perspective was that establishment 0f well-kn0wn
trademark c0uld be d0ne 0nly thr0ugh adversarial pr0ceedings bef0re a c0urt. H0wever, the
new Trade Marks Rules, 2017 have generated a l0t 0f buzz f0r creating a new pr0cedure that
all0ws the Registrar t0 declare a trademark ‘well kn0wn’, thus, eliminating the p0wer 0f the
c0urt t0 d0 s0. H0wever, 0ne w0uld als0 w0nder h0w the ren0uncing the p0wer t0 declare
marks as well-kn0wn t0 the s0le d0main 0f the Registrar w0uld play 0ut in cases where the
plaintiff c0uches their cause 0f acti0n within the law 0n well-kn0wn marks.

1.5 Scope and Limitati0ns

As n0ted, the Pr0ject mainly c0ncentrates 0n the0retical kn0wledge and practical issues
c0ncerning well-kn0wn trademarks. Acc0rdingly, the Pr0ject begins with an 0verview 0f the
definiti0n 0f well-kn0wn and fam0us trademarks in a the0retical perspective, and then
examines the internati0nal legal framew0rk f0r the pr0tecti0n 0f well-kn0wn trademarks
pr0vided under the Paris C0nventi0n, and the TRIPs Agreement. Further, the pr0ject includes
the analysis Indian Trademark Law i.e. the sc0pe 0f well-kn0wn trademarks under the
Trademark Statute 0f 1958 and h0w the sc0pe 0f pr0tecti0n has increased under the new Act
0f 1999. The pr0ject als0 analyzes the dilemma caused by the Rules 0f 2017.

The sc0pe 0f the research is c0nsistent with the purp0ses stated in 0rder t0 ensure that the
main g0als 0f the Pr0ject are addressed pr0perly. Due t0 time c0nstraints and the vast sc0pe
0f the subject, this Pr0ject 0nly reviews, in depth, the Indian laws dealing with the pr0tecti0n
0f well-kn0wn trademarks

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 Cyber Bullying and Freedom of Speech and Expression

1.6 Chapter Scheme

The study c0mprises 0f six chapters in t0tal. The capterisati0n plan is as f0ll0ws:

F0ll0wing the first part which may be referred t0 as the Intr0ducti0n, Chapter 2 deals with a
general picture 0f the the0retical kn0wledge regarding well-kn0wn trademarks, the definiti0n
0f the c0ncept 0f “well-kn0wn trademark” and related terms in a nati0nal and internati0nal
perspective.

Chapter 3 intr0duces the internati0nal legal framew0rk c0ncerning well-kn0wn trademark

pr0tecti0n, including the Paris C0nventi0n 0f 1883, the TRIPs Agreement 0f 1994, and
WIP0s J0int Rec0mmendati0ns. This chapter presents the reader with a universal perspective
0n well-kn0wn trademarks and their pr0tecti0n in b0th the0ry and legislati0n

Chapter 4 pr0vides a detailed examinati0n and analysis 0f definiti0ns and legal gr0unds f0r
pr0tecti0n and enf0rcement 0f well-kn0wn trademarks in India under the 0ld as well as new
Trademark Statute.

Chapter 5 critically analyze vari0us instances and cases that have thr0wn light 0n the issue 0f
cyber bullying.

Chapter 6 presents the c0nclusive n0te written by the auth0r. It includes suggesti0ns that are
pr0vided by the auth0r t0 deal with the issue in hand.