Trademark Infringement

Using an identical or deceptively similar mark on identical or similar goods or services, without authorisation, is infringement under Section 29 of the Trade Marks Act, 1999. The Act provides powerful civil remedies — permanent and interim injunctions, damages or account of profits, and delivery-up of infringing goods — and criminal penalties of imprisonment up to three years and fine for applying false marks. We build enforcement from evidence to decree: documenting the infringing use, issuing a cease-and-desist that often settles the matter, and, where it doesn’t, suing for injunction and damages with applications for ex-parte ad-interim and John Doe / Anton Piller relief. For unregistered marks with goodwill, we pursue the common-law remedy of passing off.