BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS
AUTHOR – B. VEENA NIRUDHIYA, II-YEAR LL.M. (IPR), GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TAMIL NADU
BEST CITATION – B. VEENA NIRUDHIYA, BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 223-237, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PCOY7928
Abstract
In this technologically advanced era, protecting the exclusive rights of intellectual property has become essential due to various forms of infringement. However, it is pertinent to note that the exclusive rights granted by law must be exercised within their scope, without encroaching on the boundaries of others. There are several practices where a particular brand or company attempts to dominate other entities by abusing their power in bad faith. Trademark bullying is a strategy where dominant entities aggressively enforce their trademark rights against smaller entities, claiming a likelihood of confusion or infringement. These bullies demand compensation from the other party without genuine claims and abuse their market position by sending threatening cease-and-desist notices, initiating legal proceedings claiming infringement, etc. This research examines when the conduct of such entities becomes an anti-competitive behaviour. It analyses the intersection between trademark law and competition law and explains the importance of consumer perception. The study discusses how claims for legitimate trademark protection can potentially affect the market economically and emphasises the need to address this issue. The paper reviews the positions of various countries regarding opposition to trademark bullying. Additionally, the study shows how trademark bullying is strategically practised through the misuse of domain names and social media elements. The research concludes with suggestions to control trademark bullying in the marketplace and necessitates the importance of clear measures to prevent trademark law from being exploited by dominant companies and fixing proper criteria to determine the aspects of trademark bullying.
Keywords: Trademark bullying, protection, confusion, consumer, infringement, dilution, exclusive rights.