IP Litigation

Patent and Trademark Litigation in India

When negotiations fail and your intellectual property rights are being infringed, our litigation team acts swiftly — from cease and desist notices to injunctions and damages before the High Court.

IP Enforcement and Litigation in India

Registering a trademark or patent is only the first step. When a competitor uses your registered mark without authorisation, manufactures your patented product without a licence, or passes off their goods as yours, you have both civil and criminal remedies available under Indian law. Our IP litigation team has experience before the Delhi High Court, Bombay High Court, Madras High Court, and other competent forums.

The Commercial Courts Act, 2015 has significantly expedited IP disputes in India. Commercial courts now handle IP matters with strict timelines, making litigation faster and more predictable than it was a decade ago.

Types of IP Litigation We Handle

Trademark Infringement

Action against parties who use your registered trademark — or a deceptively similar mark — for identical or similar goods or services without your consent. Governed by Section 29 of the Trade Marks Act, 1999.

Passing Off

A common law remedy available even without trademark registration. Passing off protects your reputation and goodwill when a third party misrepresents their goods or services as being associated with yours.

Patent Infringement

Action against parties who make, use, sell, or import a patented product or process without a licence. Governed by the Patents Act, 1970. High Court has exclusive jurisdiction.

Action against unauthorised copying, distribution, or public communication of original works — software, designs, artistic works — protected under the Copyright Act, 1957.

Design Infringement

Action under the Designs Act, 2000 against parties who copy a registered industrial design without a licence.

Domain Name and Online Infringement

Action against cybersquatting, infringing e-commerce listings, and social media impersonation through UDRP proceedings and court orders.

Infringement vs Passing Off — What Is the Difference?

Factor	Trademark Infringement	Passing Off
Registration required?	Yes — mark must be registered	No — common law right based on use
Governing law	Trade Marks Act, 1999 (statutory)	Law of tort / common law
Proof needed	Similarity + same/similar class	Misrepresentation + goodwill + damage
Remedies	Injunction, damages, account of profits, delivery up	Injunction, damages, account of profits
Criminal remedy?	Yes — Section 103 of the Act	No — civil remedy only

In most cases, plaintiffs plead both infringement and passing off in the same suit to maximise the available remedies and address any gaps in the evidence.

Remedies Available to IP Rights Holders

Civil Remedies

Temporary injunction (interim relief pending trial)
Permanent injunction
Damages or account of profits
Delivery up and destruction of infringing goods
Anton Piller orders (search and seizure)
Mareva injunctions (asset freezing)

Criminal Remedies (Trademark)

Imprisonment up to 3 years under Section 103
Statutory fine under Section 103
Police raid on complaint to local IP Crime Cell
Seizure of infringing goods
Cognisable and non-bailable offence for repeat infringers

Our IP Litigation Team

Our litigation practice is led by advocates who specialise exclusively in intellectual property law. We combine technical IP expertise with deep knowledge of commercial court procedure to deliver effective representation at every stage — from pre-litigation notices to final appeals.

Pre-litigation strategy

Before filing, we assess the strength of your claim, identify the best forum, and explore whether a cease and desist letter or settlement negotiation can achieve your goals faster and at lower cost.

Interim reliefs

We apply for urgent interim injunctions to stop ongoing infringement immediately. Courts in India regularly grant interim reliefs on an ex parte basis when urgency is demonstrated.

Full trial representation

If the matter proceeds to a full trial, our team handles pleadings, evidence, cross-examination, and final arguments. We keep you informed at every stage.

What's Included

Filed within 24 hours

Case Assessment
Legal Strategy Planning
Court Filing Assistance
Representation Support
Consultation with an IP Litigation Expert

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