MCQ 16 Dec 2023

Daily practice questions for CLAT - (16 December 2023)



Trademark is a mark that efficiently helps us to identify a product by distinguishing it from other goods and services belonging to the same class. It helps to identify the product when there is competition in the market. As per Section 2(zb) of the Trademark Act, 1999 a trademark means a mark capable of graphical representation and which is capable of distinguishing goods and services owned by one person from those of others in the market and includes the shape of goods, the combination of colours and their packaging. A trademark gives protection for a symbol, word, phrase, design, logo, or combination of all of them. Trademark gives protection to the owner by assuring them with the exclusive rights to use a trademark, to identify the goods or services, or to permit others to use it in a result of the payment. It is a weapon for the registered proprietor to stop others from illegal use of the trademark. The Trademark Act, 1999 gives the right to the police to arrest in cases of infringement of the trademark. Trademarks are similar if one mark is deceptively similar to another. They should not be placed side by side to find out if there are any differences in the design and if they are of such a character to prevent one design from being mistaken in lie other. It would be enough if the disputed mark has such an overall similarity to the registered mark as it is likely to deceive a person usually dealing with one to accept the other if offered to him.

Question1:- Very known Indian dairy brand Jamul uses a girl as its mascot which usually appears in their advertisements, often commemorating or celebrating many achievements in India. The mascot is very easily associated with the brand. A problem arose when Jamul's sales dropped because another company dealing only in butter commenced using a similar mascot. Jamul seeks legal opinion on the same. Decide:
  • (a) Jamul should file a case as the other company has violated its trademark.
  • (b) Jamul should not file a case as a mascot would not qualify as a trademark for the purpose of the present case.
  • (c) Jamul should not file a case as their sales have gone down which means that people are mistaking other brands for their own.
  • (d) Jamul should not file a case as it deals in all dairy products whereas the other company only deals in butter, which is a narrower market.
Answer is A is correct. The correct answer is (a). A trademark is similar if they are of such a character to prevent one design from being mistaken for the other. It would be enough if the disputed mark has such an overall similarity to the registered mark as it is likely to deceive a person usually dealing with one to accept the other if offered to him. In the present case, the other company has used a similar mascot as the one used by Jamul which is evidently given in the passage. A similar mascot, with which the brand Jamul is usually associated, is likely to deceive any prudent person to mistake the other brand for Amul. Therefore, there is a trademark infringement in the present case, and Jamul should file a suit against the other company (b) is incorrect as a trademark means a mark capable of graphical representation and which is capable of distinguishing goods and services owned by one person from those of others in the market. In the present case, the mascot was used in a pictorial form which was a graphical representation, and as the facts state the mascot was easily associated with the brand Jamul and thus distinguished its products in the market. (c) is incorrect as, if the sales are going down meaning that the people are mistaking other brands for theirs, then in such a case Jamul should file a case. (d) is incorrect as it is not given in the passage that the infringer must be substantially in the similar market.
Question2:- MDH a spice manufacturer filed an application for registration of the term chat masala' and filed a suit against another company Everest which uses the term for one of its Masalas. Everest contends that the term is associated with the brand Everest from time inception. Which of the following is the best possible counter-argument for MDH to make?
  • (a) MDH is a new brand and thus could not have used the term as early as Everest did, but it does not mean that the term chat masala is associated with Everest only.
  • (b) Chat Masala is a general term that is used by almost every player in the market and does not distinguish Everest's product for consumers.
  • (c) Chat Masala is a general term used in every household of India and thus does not represent any particular brand or product.
  • (d) Everest has first started using the name chat masala and thus owns the trademark for the same.
Answer is B is correct. The correct answer is (b). As per Section 2(zb) of the Trademark Act, 1999 a trademark means a mark capable of graphical representation and which is capable of distinguishing goods and services owned by one person from those of others in the market. In the light of the same, if MDH establishes that the said term chat masala' does not distinguish, Everett's products from others in the market then it can be established that Everest does not own the trademark for the said term. This has been given in (b) which is the correct answer is incorrect as MDH being a new brand, and Everest using it from earlier is not a determinant of anything the question demands and thus it is incorrect. (c) is incorrect as the term being used in households is not relevant, instead whether the term is one which distinguishes the products of one person from that of another, which is not the matter in the present case. (d) is incorrect as it favours Everest instead of MDH, which would apparently wouldn't be the best argument for MDH.
Question3:- Facebook co. is a technology company that has developed the world's most popular social media platforms. Foodgram, a food supplement company has filed a case against Facebook for launching its new social media platform "Instagram" for being similar to the name of the plaintiff only. Decide if Foodgram will succeed in its claim if Facebook denies violating its trademark.
  • (a) Foodgram will not succeed in its claim because Facebook has not violated its trademark as both are not in a similar market.
  • (b) Foodgram will succeed in its claim because its products are distinguished because of the trademark of the brand.
  • (c) Foodgram will not succeed in its claim as both the names are not deceptively similar which means there is no trademark violation.
  • (d) Both A and C
Answer is D is correct. The correct answer is (d). A trademark is similar if they are of such a character to prevent one design from being mistaken for the other. It would be enough if the disputed mark has such an overall similarity to the registered mark as it is likely to deceive a person usually dealing with one to accept the other if offered to him. In the present case, the names of both the products are not similar, while one is Foodgram, and the other is Instagram. Moreover, there is no apparent likeliness that people can confuse one with the other as both are not in a similar market. For the given reasons, we can conclude that Facebook has not violated Foodgram's trademark. Hence, both options (a) and (c) are correct. Further, (b) is also evidently incorrect for the said reasons.
Question4:- Fastcure is massage oil manufactured and sold by a local brand in and around Bhopal. Manufacturers of Fastcure filed a case against Emami for selling 'fast relief a pain relief ointment and spray. Emami has been in the business of selling this product for decades now and sells the product both nationwide and internationally. The plaintiff claims that the name of the product violates their trademark which has been contested by the defendant. Decide.
  • (a) Emami has not violated the trademark of the plaintiff as they have been selling this product using the disputed term way before the plaintiff entered the business.
  • (b) Emami has violated the trademark of the plaintiff as both the terms are deceptively similar and likely to deceive a person usually dealing with one to accept the other if offered to him.
  • (c) Emami has not violated the trademark of the plaintiff as they are a well-known brand dealing in the product globally, and thus distinguished by the name of the product.
  • (d) Emami has violated the trademark of the plaintiff as being a global brand it is its responsibility to ensure that its products do not violate trademarks of other companies or products.
Answer is C is correct. The correct answer is (c). To constitute trademark violation it is to be seen that a company is using a deceptively similar trademark to another one, which distinguishes the products of the latter company. However, in the present case, the defendant is a company that is apparently distinguished by the name of the ointment, which can be concluded from its global sale. Moreover, there is no conclusive evidence of Fastcure's name enjoying such distinguished recognition by the people buying it. (A) is incorrect as the time period for which both the products are using the term might have an effect on whether it is distinguished or not, but as per the passage, this is no direct determinant of the same. (B) is incorrect for the same reasons as stated above that even if both the names are deceptively same it is not the case that Emami is violating Fastcure's trademark. (d) is incorrect as it makes a point that cannot be deduced from the passage and is thus irrelevant to the question asked.
Question5 :- Which of the following is/ are correct in light of the passage? I. Trademark is violated when one person uses a trademark of another person or a deceptively similar trademark as compared to the other.
II. To constitute a violation of a trademark it is enough to establish that trademark can deceive consumers usually dealing in one to accept the other.
III. The one claiming trademark violation has the burden to prove the same.
IV. Unless a company's mark does not distinguish its products from other products in a market it cannot claim trademark violation.
Choose the correct answer:
  • (a) I, II, and IV
  • (b) II, III, and IV
  • (c) I and II
  • (d) II and IV
Answer is A is correct. The correct answer is (a). I, II, and IV are evidently correct from the passage. III is incorrect because the passage does not mention anything about the burden of proof, and since it cannot be deduced from the passage it is incorrect.

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