Infringement & Passing Off Suit
Court action to stop copying of your brand, label, trade dress or packaging.
When notices do not work, a suit before the Commercial Court is the way to get an injunction, seizure of infringing stock through a Local Commissioner, and damages. We appear regularly in trademark, copyright and design suits at the Commercial Courts and have handled cases over copied labels, mehendi-cone packaging, spice brands and cosmetic product shapes. This service is a paid case evaluation; litigation fees are quoted after it.
Timeline: Evaluation in 3 working days
What's included
- Detailed review of your rights and evidence by a litigating advocate
- Advice on infringement, passing off, copyright and design claims
- Strategy on interim injunction and local commissioner
- Assessment of jurisdiction and pre-institution mediation requirements
- Written fee quote for the suit
Documents you'll need
- Registrations and certificates (trademark, copyright, design)
- Samples or photos of your product and the copied product
- Sales figures and advertisement spend for reputation
- Purchase invoice of the infringing product
- Any notices exchanged
Don't have everything yet? You can pay now and upload documents later from your dashboard.
How it works
Evaluation call
A litigating advocate studies the material and discusses it with you.
Strategy and quote
You receive the recommended course of action and a fixed fee quote.
Suit and interim relief
On instructions, we draft and file the plaint with an interim injunction application.
Frequently asked questions
Where can I file a trademark infringement suit?
A suit for infringement of a registered trademark or copyright can be filed where the plaintiff actually and voluntarily resides or carries on business, in addition to where the infringement occurs.
How quickly can I get an injunction?
Where copying is clear and urgent, courts can grant an ad-interim injunction at the first hearing. Each case turns on its facts and evidence.