Remedies and Defences for Infringement and Passing Off

A court order arrives at a warehouse in Bhiwandi before the owner has even filed a reply, and the stock of copied labels is sealed. Elsewhere, a small shop that has used its own family name for forty years is told it is infringing a famous brand, and the court refuses to stop it. Both outcomes come from the same Act. To predict which way a case will go, you need to know what relief a plaintiff can ask for, and what the defendant can say in answer.

In two minutes

In a suit for infringement or passing off the court may grant an injunction (including ex parte and interlocutory orders), damages or an account of profits at the plaintiff's option, and delivery-up (s.135); the defendant may rely on the limits in ss.30, 33, 34, 35 and 36, on challenging validity under s.124, or on innocence to escape money relief.

The rest of this chapter

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