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

Rohit Garments registered 'ROHIT' for shirts. Sunil began using a similar mark on shirts, honestly unaware that it was registered and having no reasonable ground to believe so. Two months later, on receiving Rohit's notice, Sunil stopped using the mark immediately. In Rohit's infringement suit, what is the position on monetary relief?

The court cannot grant damages beyond nominal damages or an account of profits. Sunil was unaware and had no reasonable ground to know of the registration when he started, and he ceased use forthwith on learning of it, satisfying both conditions of the statutory bar.

  1. ADamages and account of profits are both available in full, since infringement is strict
  2. BThe court cannot grant damages other than nominal damages, or an account of profits, as both conditions of section 135(3)(b) are metCorrect
  3. COnly account of profits is barred; full damages remain available
  4. DMonetary relief is barred only if Sunil proves Rohit never used the mark

Explanation

Section 135(3)(b) bars damages (other than nominal) and account of profits where the defendant proves he was unaware, with no reasonable ground to believe, that the mark was registered when he began, and ceased use forthwith on becoming aware. Both limbs are met. Option C is wrong since the bar covers both damages and profits.

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