Trademark Infringement and The Legal Process in Indian Jurisdiction

Trademark Infringement and The Legal Process in Indian Jurisdiction 

The law is that, where a prima facie case of passing off is made out, the Court is required on the very first day to issue notice and appoint a Local Commissioner to seize the injurious goods. In such cases, a party is also entitled to seek waiver of the requirement of advance service, so that the commission is not defeated. This principle also applies mutatis mutandis, to infringement. Refer Pawan Kumar Mittal v. Vijay Gupta [2025] GCtR 1344 (Delhi).

"Infringement, unlike passing off, is to be decided on a plain comparison of the rival marks. Goodwill and reputation have little, if any, part to play in the process. The matter has to be examined from the perspective of the customer of average intelligence and imperfect recollection, who is neither a genius, nor a fool". Refer Foodlink F and B Holdings India Pvt Ltd v. Wow Momo Foods Pvt Ltd [2023] GCtR 2280 (Delhi).