The Delhi High Court recently ordered monetary damages of INR 15 Lakhs in favor of owner of the trademark ‘BOAT’ after seizure of counterfeit electronic products by court appointed Local Commissioner from the premises of the defendants.
Counterfeit goods, commonly referred to as “Fake Goods” are items that uses someone else’s trademark without their permission and therefore misleads the consumers into making them believe that they are buying original products.
India does not have any specific legislation dealing with Counterfeit goods. However, both civil and criminal action can be taken under Trade Marks Act, 1999.
The various reliefs granted under civil action includes Temporary injunction; Anton Pillar Order; John Doe Order etc
Whereas a criminal action can be initiated under Section 104 of Trademarks Act, 1999 under which counterfeiting is punishable with imprisonment upto 3 years with fine.