NDLI: “Cochrane Steel v. M-Systems” : Decision of the Supreme Court of Appeal 27 May 2016

Content Provider	Springer Nature Link
Copyright Year	2016
Abstract	1. The determination of whether or not an advertiser acts in accordance with honest practices in commercial matters and fairly in relation to the legitimate interest of another trade mark proprietor depends upon whether or not consumers would understand the advertiser’s Google advertisement to establish a link between the third party’s goods and those of the trade mark proprietor, and of the extent to which the third party ought to have been aware of that. 2. If the trade mark proprietor establishes the likelihood of this link (i.e. confusion), then the advertiser will be held to have acted dishonestly or unfairly. 3. There is no likelihood of confusion or deception which arises in circumstances where an advertiser, without more, uses another trader’s trade name only as a keyword.
Starting Page	993
Ending Page	993
Page Count	1
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	47
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2016-11-30
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Unlawful competition International IT and Media Law, Intellectual Property Law Likelihood of confusion Adwords Common law trade mark Passing off
Content Type	Text
Resource Type	Case study
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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“Cochrane Steel v. M-Systems” : Decision of the Supreme Court of Appeal 27 May 2016 – Case No. 227/2015