Branded Garments Seized in Bangalore Karnataka.
Our local unit find counterfeiter engaged in selling/ supplying throughout online platform like Mantra.com and & other online e portals sides, selling Fake Branded Garments Men's Shirt and Jeans Online.
Using same name and logo . The accused also having his own brand name also.
On 27/06/2019, We liaison with Police and file an FIR under section copyright act 1957/63 IPC section 420.
On 27/06/2019, We liaison with Police and file an FIR under section copyright act 1957/63 IPC section 420.
Police also seized other brands shirts Jeans Tags packing material in huge quantity.
All counterfeits goods has been checked and samples collected by Police officer and said, will investigate the Bill and Invoice and take appropriate legal action on counterfeiters..
Seized Goods already submitted to Police station,under police custody. counterfeit goods, 3 big bags load was available when raid carried out.
Police ask honorable court for him and remand for further investigation to locate more counterfeit manufacturers engage in such business.
In view of the above, Prima facie, it is clear that this is a case of violation of vested rights of rightful owner of and pirated therefore cannot become the rightful owner in any manner. Under these circumstances, we are of the view that it is a strong prima facie case for infringement of trademark, copyright and passing off.
These illegal manufacturers make a tremendous profit from the production and distribution of these goods. The reason for such profitability is that many of these individuals carry on fly by night operations in small labs or in old factories and garages. They, unlike legitimate manufacturers do not spend any money or resources in establishing world-class factories.
They spend no time or funds conducting clinical tests or research & development (R&D) for the products they produce. As they do not have any substantial overheads, all the money derived from the sale of such products goes directly into their pockets. All these manufacturers have to do is to simply copy the design, layout, get-up, color, marks, fonts etc. Reproduce the inferior quality and then sell it in the market.
We ensure that there is 100% violation of trademark and copyright infringements. Enclosed herewith our report along with Pictures its support.
Because the problem is so diverse and its consequences so severe,to take a proactive, aggressive and holistic approach that combines both legal and law enforcement actions to fight against this counterfeiting. The heart of these efforts is its Intellectual Property Protection and Enforcement Program, activities of which include:
• Invest in investigations – reliable and timely information is key to effective enforcement.
• Increase the number of independent investigations by police and suo-motoraids.
• Conduct Enforcement actions both Civil and Criminal raids across the country including police raids, seizure of goods and to give harsher penalties to the counterfeiters.
• Legal proceedings to combat counterfeiting -
ü Civil enforcement of intellectual property rights.
ü Criminal prosecution.
Civil remedies:
The remedy for counterfeiting lies in criminal action under the Criminal Procedure Code, 1973 and Indian Penal Code. A complaint under Section 156(3) is to be made before appropriate Court of magistrate for permission of search and seizure of goods, and in case of recovery of counterfeits, action under IPC for cheating and fraud lies against the counterfeiters.
Criminal Case:
Trade Marks Act, 1999 mentions "falsifying" or "false trademarks" under section 102 without specifically mentioning the word counterfeiting. Section 103 states the penalty for the act of applying false trademarks, trade descriptions etc. as punishable with imprisonment of not less than 6 months and extendable upto 3 years and a fine of not less than Rs. 50,000 and extendable uptoRs. 3,00000.
All counterfeits goods has been checked and samples collected by Police officer and said, will investigate the Bill and Invoice and take appropriate legal action on counterfeiters..
Seized Goods already submitted to Police station,under police custody. counterfeit goods, 3 big bags load was available when raid carried out.
Police ask honorable court for him and remand for further investigation to locate more counterfeit manufacturers engage in such business.
In view of the above, Prima facie, it is clear that this is a case of violation of vested rights of rightful owner of and pirated therefore cannot become the rightful owner in any manner. Under these circumstances, we are of the view that it is a strong prima facie case for infringement of trademark, copyright and passing off.
These illegal manufacturers make a tremendous profit from the production and distribution of these goods. The reason for such profitability is that many of these individuals carry on fly by night operations in small labs or in old factories and garages. They, unlike legitimate manufacturers do not spend any money or resources in establishing world-class factories.
They spend no time or funds conducting clinical tests or research & development (R&D) for the products they produce. As they do not have any substantial overheads, all the money derived from the sale of such products goes directly into their pockets. All these manufacturers have to do is to simply copy the design, layout, get-up, color, marks, fonts etc. Reproduce the inferior quality and then sell it in the market.
We ensure that there is 100% violation of trademark and copyright infringements. Enclosed herewith our report along with Pictures its support.
Because the problem is so diverse and its consequences so severe,to take a proactive, aggressive and holistic approach that combines both legal and law enforcement actions to fight against this counterfeiting. The heart of these efforts is its Intellectual Property Protection and Enforcement Program, activities of which include:
• Invest in investigations – reliable and timely information is key to effective enforcement.
• Increase the number of independent investigations by police and suo-motoraids.
• Conduct Enforcement actions both Civil and Criminal raids across the country including police raids, seizure of goods and to give harsher penalties to the counterfeiters.
• Legal proceedings to combat counterfeiting -
ü Civil enforcement of intellectual property rights.
ü Criminal prosecution.
Civil remedies:
The remedy for counterfeiting lies in criminal action under the Criminal Procedure Code, 1973 and Indian Penal Code. A complaint under Section 156(3) is to be made before appropriate Court of magistrate for permission of search and seizure of goods, and in case of recovery of counterfeits, action under IPC for cheating and fraud lies against the counterfeiters.
Criminal Case:
Trade Marks Act, 1999 mentions "falsifying" or "false trademarks" under section 102 without specifically mentioning the word counterfeiting. Section 103 states the penalty for the act of applying false trademarks, trade descriptions etc. as punishable with imprisonment of not less than 6 months and extendable upto 3 years and a fine of not less than Rs. 50,000 and extendable uptoRs. 3,00000.
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