MS. NIYATI D. KHATLAWALA , DR. KALPESHKUMAR GUPTA
DOI: https://doi.org/The growing use of digital and virtual platforms had transformed the way individuals communicate and express ideas. In these spaces, trademarks are frequently used in memes, artworks, and online commentary that reflect social or artistic expression rather than commercial use. This creates a legal tension between the protection of proprietary rights under the Trade Marks Act 1999 and the right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution of India. The paper examines this conflict through a doctrinal study of Indian law and judicial decisions that interpret the meaning of “use” and “infringement” in modern contexts. It analyses cases such as Tata Press Ltd v Mahanagar Telephone Nigam Ltd and Tata Sons Ltd v Greenpeace to understand how courts have approached expressive and commercial uses of marks. The study finds that the present legal framework places greater emphasis on protecting commercial goodwill than on safeguarding expressive freedom. It argues for the development of clear judicial principles to distinguish commercial exploitation from artistic or critical expression, especially in virtual environments. The conclusion stresses the need for balanced interpretation so that trademark rights do not suppress creative and democratic communication in India’s digital age.
