My competitor in Hubli is using a deceptively similar trademark — can I get an injunction?
ME Asked by Meera Krishnan 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 Karnataka 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 Karnataka 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 Hubli. Your business premises must comply with Karnataka Rent Control Act 1999, the Karnataka 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.