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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Meera Foods is the registered proprietor of 'MEERA' for pickles. It sues Dev Traders for infringement and wins. Meera Foods asks the court for relief. Which of the following relief can the court grant under the Act?

The court can grant an injunction and, at the plaintiff's option, either damages or an account of profits, with or without delivery-up of the infringing labels and marks for destruction or erasure. The plaintiff chooses between damages and profits, not both.

  1. AAn injunction and, at the plaintiff's option, either damages or an account of profits, with or without delivery-up of infringing labels for destruction or erasureCorrect
  2. BAn injunction together with both damages and an account of profits, at the court's discretion
  3. COnly damages, as an injunction cannot be granted before final judgment
  4. DOnly delivery-up of infringing labels, as damages are barred in infringement suits

Explanation

Section 135(1) provides for injunction and, at the plaintiff's option, either damages or an account of profits, with or without delivery-up of infringing labels and marks. Option B is wrong because the plaintiff chooses one of damages or account of profits, not both.

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