Well-Known Brand Symbol Infringed in Karnataka – Criminal Case Registered Against Infringer
In India, infringing on a logo or trademark triggers a robust legal framework under the Trade Marks Act, 1999. The consequences are twofold, offering the trademark owner both civil (monetary and injunctive) and criminal (punitive) remedies, making infringement a serious offense with potential for jail time and significant financial penalties . Here is a breakdown of what happens when someone infringes a trademark in India: Civil Consequences (The "Stop and Pay" Actions) The primary goal of civil remedies is to stop the infringing activity and compensate the rightful owner. An owner can file a lawsuit in court to seek the following : Injunction (Stay Order) A court order immediately restraining the infringer from using the trademark. Courts can grant a temporary injunction **ex parte** (without hearing the other side) to stop the sale of counterfeit goods immediately . Damages or Account of Profits: The infringer may have to pay monetary compensation for the loss suffered b...