My competitor in Dwarka is using a deceptively similar trademark — can I get an injunction?
LA Asked by Lakshmi Menon from India
Quick Answer
You can file a suit for passing off or trademark infringement under the Trade Marks Act, 1999 before the District Court or the Delhi High Court if it has original jurisdiction.
Detailed Legal Analysis
You can file a suit for passing off or trademark infringement under the Trade Marks Act, 1999 before the District Court or the Delhi High Court if it has original jurisdiction. An interim injunction can be sought on grounds of prima facie case, balance of convenience, and irreparable injury.
The court may appoint a local commissioner to raid and seize infringing goods in Dwarka. Your business premises must comply with Delhi Rent Control Act 1958, the Delhi Shops and Establishments Act, for licensing.
Damages or account of profits may also be claimed. Issue a legal notice before filing to establish your prior rights.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.