My competitor in Siliguri is using a deceptively similar trademark — can I get an injunction?
KA Asked by Karthik Subramaniam 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 Calcutta 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 Calcutta 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 Siliguri. Your business premises must comply with West Bengal Premises Tenancy Act 1997, the West Bengal 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.