Unit III · Intellectual Property Law

Domain names, honest concurrent use and comparative advertising

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Trade Marks Act, 1999	12	Honest concurrent use
Trade Marks Act, 1999	29(8)	Infringement by advertising
Trade Marks Act, 1999	30	Limits on effect of registered trade mark

AIR 2004 SC 3540 · Supreme Court of India

A domain name can perform the function of a trade mark; passing-off principles apply to confusingly similar domain names.

1999 PTC (19) 741 · Calcutta High Court

Comparative advertising is lawful if it does not denigrate the rival product; puffery is permitted, disparagement is not.

(2016) 2 SCC 683 · Supreme Court of India

Prior user rights prevail over a later registration; registration does not extinguish a continuous earlier passing-off goodwill.