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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

In a suit for infringement of a registered GI, the defendant, Ravi Foods, proves that when it began using the indication it was unaware and had no reasonable ground to believe the GI was on the register, and that on learning of the plaintiff's right it forthwith stopped using it. What relief can the court grant?

The court can award only nominal damages and cannot grant damages or account of profits. Section 67(3)(a) bars such monetary relief where the defendant was unaware the indication was registered and ceased use forthwith on learning of it. The restriction does not remove other relief like an injunction.

  1. ADamages or account of profits in full, since infringement is strict
  2. BOnly nominal damages, with no damages on account of profits, though other relief such as injunction is not excluded by this provisionCorrect
  3. CNo relief of any kind, including an injunction
  4. DAccount of profits only, as damages are barred

Explanation

Section 67(3)(a) says that if the defendant proves both lack of awareness at commencement and immediate cessation on becoming aware, the court shall not grant damages (other than nominal) on account of profits. The restriction concerns monetary relief, not the injunction under section 67(1). Account of profits is also barred, so the fourth option is wrong.

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