Section 135 of TMA : Section 135: Relief In Suits For Infringement Or For Passing Off

Explanation using Example

Let's consider a hypothetical scenario where Company A, a well-known sports apparel brand, discovers that Company B has been producing and selling counterfeit sports shoes using a logo strikingly similar to Company A's registered trademark. Company A decides to sue Company B for trademark infringement.

Under Section 135 of The Trade Marks Act, 1999, the court may grant Company A an injunction to stop Company B from further producing or selling the counterfeit shoes. The court can also order Company B to deliver up the infringing labels and marks for destruction or erasure.

Additionally, the court may issue an ex parte injunction or any interlocutory order to prevent Company B from disposing of or dealing with its assets in a way that could hinder Company A's ability to recover damages or costs if awarded. The court could also order the discovery of documents and preservation of infringing goods or other evidence related to the lawsuit.

However, if Company B can convince the court that it was unaware of Company A's registered trademark at the time it started using the similar logo and ceased its use as soon as it became aware, the court may not grant damages or account of profits to Company A, except for nominal damages.