At a glance
| Forums | Commercial Courts, High Court Commercial Divisions, and criminal courts for trademark and copyright offences |
|---|---|
| Specified value | IP suits are commercial disputes; pre-institution mediation is excused where urgent interim relief is sought |
| Civil remedies | Injunctions, damages or account of profits, delivery up and destruction of infringing goods |
| Criminal remedies | Available for trademark and copyright infringement, including search and seizure |
| Online enforcement | Takedowns under the IT Act intermediary rules and dynamic or John Doe injunctions |
| Limitation | Generally 3 years for damages; act early for injunctions, as delay weakens interim relief |
Types of infringement we handle
Trademark infringement and passing off
Look-alike brands, counterfeit goods, misleading domain names and social media handles, whether or not your mark is registered.
Copyright infringement
Copied software, content, artwork, photographs, music and films, including piracy websites and app stores.
Patent infringement
Claim mapping, infringement and validity analysis, suits for injunction and damages, and revocation defences.
Design piracy
Copies and imitations of registered product designs.
Online marketplaces
Takedown of infringing listings on e-commerce platforms and enforcement against repeat sellers.
Defending allegations
Responding to cease and desist notices, challenging weak claims, and freedom-to-operate opinions.
How enforcement works
Evidence and investigation
Test purchases, screenshots, chain of title and market investigation to establish infringement and the infringer's identity.
Cease and desist
A firm notice often resolves the matter quickly, with undertakings and compensation.
Suit and interim relief
File before the competent commercial court seeking ex parte or interim injunction, local commissioner and disclosure orders.
Trial or settlement
Pleadings, evidence and final arguments, or a recorded settlement with binding undertakings.
Execution
Enforce the decree, recover costs and damages, and monitor for repeat infringement.
Why act early
Courts weigh delay heavily when deciding interim injunctions. A rights owner who waits months after learning of infringement may be refused urgent relief. Keep dated records of your first use, sales and advertising, and of when you first saw the infringement.
Registered rights make enforcement far simpler: a registration certificate is prima facie evidence of validity. Unregistered trademarks can still be protected through a passing-off action, but you must prove goodwill and misrepresentation.
Frequently asked questions
Can I sue for trademark infringement if my mark is not registered?
An infringement suit needs a registered mark. For an unregistered mark you can bring a passing-off action, proving goodwill, misrepresentation by the other party, and likely damage.
What is a John Doe or Ashok Kumar order?
It is an injunction against unknown infringers, commonly granted to protect films, broadcasts and brands against anonymous sellers and piracy websites. It lets the owner act quickly against parties identified later.
How quickly can I get an injunction?
In clear cases with urgency, courts can grant ex parte interim injunctions at the first hearing. The court considers a prima facie case, balance of convenience and irreparable harm.
What should I do if I receive a cease and desist notice?
Do not ignore it or reply in haste. Have the claim assessed for validity, prior rights and possible defences, then respond in writing within the time given.
Can infringing listings be removed from e-commerce sites?
Yes. Platforms act on notices backed by proof of rights under the intermediary rules. For repeat or large-scale sellers, a court order directing the platform is more effective.
Talk to Inovatree about ip infringement
Inovatree Consultants LLP works from Delhi NCR, Mumbai and Kolkata with clients across India. Learn more about the firm on inovatree.in:
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Last reviewed 24 October 2026. This guide summarises the law in general terms. Every matter turns on its own facts, so take advice before acting.