Trademark Infringement Litigation & Enforcement

Overview

Trademark infringement and passing off are among the most commercially urgent disputes a brand-owning business faces — a competitor using a deceptively similar mark, a counterfeiter trading on brand equity, or an online marketplace listing infringing products can cause revenue loss and brand dilution that escalates with every day the infringement continues. Corpus Juris Legal handles trademark infringement litigation and enforcement across the full spectrum — civil suits for infringement and passing off before the Delhi High Court, criminal complaints under Sections 103-105 of the Trade Marks Act 1999, customs recordal and border enforcement under the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007, and online platform takedowns. Our litigation team secures urgent injunctions, Anton Piller search and seizure orders, and Mareva freezing orders in appropriate cases. We also conduct trade mark watch and enforcement programmes for brand owners with large portfolios, managing the spectrum from cease and desist letters through to contested High Court proceedings. Opposition and cancellation proceedings before the Trade Marks Registry and the Intellectual Property Appellate Board (IPAB, now the Delhi High Court Commercial Division post the Tribunals Reforms Act 2021) are a regular part of our IP practice.

Key Service Components

• ◆Trademark infringement civil suit before Delhi High Court
• ◆Passing off action for unregistered mark protection
• ◆Urgent injunction application in trademark infringement proceedings
• ◆Anton Piller and search and seizure order applications
• ◆Criminal complaint for trademark counterfeiting under Trade Marks Act 1999
• ◆Customs recordal and border enforcement for trademark owners
• ◆Online infringement — marketplace takedown and platform enforcement
• ◆Cease and desist letter drafting and enforcement programme management
• ◆Opposition proceedings before Trade Marks Registry
• ◆Trademark rectification and cancellation petitions

Our Approach

Enforcement strategy begins with an assessment of the strength of the mark, the degree of similarity, and the evidence base — before a letter is sent or a suit is filed. We advise on proportionate response: not every infringement requires High Court litigation, and not every infringer should receive a letter that tips off a well-resourced competitor to challenge the underlying registration.

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