Deceptive Similarity in India in Comparison with U.S.A.

This article aims to understand the concept of „‟Deceptive Similarity‟‟ in Trademark in comparison with India and U.S.A. It is very important for every trader to develop its own brand identity in the competitive market. Thus trademark plays a key role in creation of the brand identity and helps in revenue generation. When the trademark acquires a reputation and goodwill backed behind its name then a different picture reflecting its quality character as well as its unique features is attached along with that same trademark which makes it easy to monopolize the market. But the problem arises where the trademark becomes a successful basket showcase in the market and the valuable revenue magnet it also becomes highly venerable to be misused or infringed. One such infringement is done by creating a trademark similar to existing trademark which already has goodwill and reputation in the market so as to capitalize goodwill and reputation of that brand under the veil of Well-Known Trademark. After through reading of this article we will be in an a position to understand that the Supreme Court has gone beyond the literal meaning of laws to deliver justice. Since the courts were facing difficulties in deciding a case on a basis of a passing off and lack of concrete guidelines to curve it. Still there are many more problems which need to be tackled. This article discuss the concept of deceptive similarity in India and U.S. and how it is judged in both these countries .