Section 104 of TMA : Section 104: Penalty For Selling Goods Or Providing Services To Which False Trade Mark Or False Trade Description Is Applied

Explanation using Example

Let's consider a hypothetical scenario where Mr. Sharma owns a clothing store. He purchases a batch of jeans from a wholesaler, Mr. Gupta, who claims these are genuine Levi's jeans. Mr. Sharma, without verifying the authenticity, sells these jeans in his store. Later, it's revealed that the jeans are counterfeit, not produced by Levi's but carrying the Levi's trademark.

According to Section 104 of The Trade Marks Act, 1999, Mr. Sharma could be held liable for selling goods with a false trade mark. However, he can avoid...

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