Well-Known Brand Symbol Infringed in Karnataka – Criminal Case Registered Against Infringer

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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 by the brand owner, or surrender the profits they earned from the illegal use . Destruction of Goods The court orders the seizure, delivery-up, and destruction of all infringing goods, labels, and packaging materials .Anton Pillar Orde A powerful, court-authorized search and seizure order that allows the plaintiff to search the infringer's premises without prior warning to preserve evidence . Criminal Consequences (The "Jail and Fine" Actions) Criminal remedies treat infringement, especially counterfeiting, as a crime against society. These actions lead to police raids and prosecution . Under Sections 103 & 104 of the Trade Marks Act, the penalties are : | Offense Type | Imprisonment (Jail Time) | Fine (Monetary Penalty) | | :--- | :--- | :--- | | First Offense | 6 months to 3 years | ₹50,000 to ₹2,00,000 | | Subsequent Offense** | 1 year to 3 years | ₹1,00,000 to ₹2,00,000 | Key Criminal Law Features: Cognizable & Non-Bailable: Police can arrest the accused without a warrant . - Police Raids An officer of the rank of Deputy Superintendent of Police (DSP)** can conduct search and seizure operations . - Recent Changes (Jan Vishwas Act, 2023) While minor procedural offenses have been "decriminalized" (replacing jail with fines), the core acts of counterfeiting and falsification remain strictly punishable with imprisonment . Protection for Unregistered Trademarks (Passing Off) If your logo or brand is not registered, you cannot sue for "infringement," but the law still protects you through an action called Passing Off . How it works You must prove that you have .
Maharashtra Enforcement team resently file a criminal case against Tradmark infringer, using our clients well known brand on his drinking water bottle.
mahaenforce@gmail.com

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