LOST IN TRANSLATION: A SOCIOLINGUISTIC ANALYSIS OF LANDMARK INDIAN TRADEMARK CASES

Abstract

India’s linguistic plurality presents unique challenges for trademark law, where the meaning, sound and script of marks interact in complex ways. The present paper examines landmark Indian trademark cases through a sociolinguistic lens, analyzing how courts navigate questions of deceptive similarity, translation, transliteration and cultural sensitivity in a multilingual marketplace. Based on disputes such as Anshul Vaish vs. Hari Om and Bhatia Plastics vs. Peacock Industries, as well as cases involving controversial applications like ‘Chutiyaram’, the present paper argues that Indian trademark law has developed a nuanced framework that distinguishes between translation (similarity of meaning), transliteration (similarity of pronunciation) and mere conceptual association. Analysis reveals a persistent tension between protecting commercial goodwill and upholding linguistic freedom. In a society characterized by vast disparities in literacy, language proficiency, and the ability to comprehend scripts, courts are increasingly focusing on consumer perception. The present paper concludes that socio-linguistic awareness has become essential for resolving trademark-related disputes in India. However, challenges remain in maintaining uniformity in legal principles while accounting for linguistic diversity.