Section 478 of IPC : Section 478: Trade Mark. Repealed

Explanation using Example

Example 1:

Ravi owns a small business in Mumbai where he manufactures and sells leather bags under the brand name "Ravi's Leather". He notices that another shop in the same market is selling similar leather bags with a logo that closely resembles his brand. Ravi decides to take legal action against the other shop for using a mark that is confusingly similar to his own.

Before 1959, Ravi would have relied on Section 478 of the Indian Penal Code, 1860, to address this issue. However, since Section 478 has been repealed and replaced by the Trade and Merchandise Marks Act, 1958, Ravi now files a complaint under the new act to protect his trademark and prevent the other shop from using a similar mark.

Example 2:

Priya runs a successful bakery in Delhi named "Priya's Delights". She has registered her bakery's name and logo as a trademark. One day, she discovers that a new bakery has opened nearby with the name "Priya's Treats" and a logo that looks almost identical to hers. Concerned about potential customer confusion and damage to her brand's reputation, Priya decides to take legal action.

Under the current legal framework, Priya cannot rely on Section 478 of the Indian Penal Code, 1860, as it has been repealed. Instead, she uses the provisions of the Trade and Merchandise Marks Act, 1958, to file a lawsuit against the new bakery for trademark infringement, seeking to protect her brand and prevent further misuse of her trademark.