Article
Lookalikes On The Shelf: Where Brand Protection Meets Food-Safety Regulation In India
When a new product appears on the shelf dressed to resemble an established brand, it can cause two different kinds of harm, and Indian law addresses them through two different bodies of rule. The first harm is to the brand owner and to consumers who are misled as to source — the domain of trade mark law and the tort of passing off. The second is to consumers’ broader interests in accurate information and safe food — the domain of food-safety and consumer-protection regulation. A single lookalike can implicate both at once, which is why these disputes often sit at the intersection of the two regimes.
S.S. Rana & Co. Advocates