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

Tara Textiles, a registered proprietor in Surat, sues for infringement. The defendant proves he began using the mark unaware, with no reasonable ground to believe it was on the register, and stopped forthwith on learning of the plaintiff's right. What relief is the court barred from granting?

The court cannot grant substantial damages or an account of profits, because an innocent defendant who was unaware of the registration and stopped at once is protected. Injunction and delivery-up of infringing labels remain available to the plaintiff.

  1. AInjunction restraining further use
  2. BDamages other than nominal damages, or an account of profitsCorrect
  3. CDelivery-up of infringing labels for destruction
  4. DAn interlocutory order for discovery of documents

Explanation

Section 135(3)(b) says that where the defendant was unaware at the start and ceased forthwith on becoming aware, the court shall not grant damages (other than nominal) or an account of profits. Injunction and delivery-up remain available under section 135(1).

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