Section 142 of TMA : Section 142: Groundless Threats Of Legal Proceedings

Explanation using Example

Let's consider a hypothetical scenario. Brand A, a popular clothing company, starts receiving threats from Brand B, another clothing company, claiming that Brand A's logo is infringing on their registered trademark. Brand B threatens Brand A with legal action through various means such as advertisements and circulars. Despite these threats, Brand B is not the registered owner of the trademark they claim is being infringed.

According to Section 142 of The Trade Marks Act, 1999, Brand A, being aggrieved by these threats, can file a suit against Brand B. They can seek a declaration that these threats are unjustifiable, an injunction to prevent further threats, and even claim damages they might have suffered due to these threats.

However, if Brand B were the registered owner of the trademark and had diligently initiated and pursued an action against Brand A for infringement, then Section 142(2) would apply, and Brand A would not be able to bring a suit under Section 142(1).

Also, if a legal practitioner or a registered trademarks agent acting on behalf of Brand B had made these threats in their professional capacity, they would not be liable under this section, as per Section 142(3).

Finally, it's worth noting that any suit brought under Section 142(1) cannot be instituted in any court inferior to a District Court, as per Section 142(4).