Trade Marks Act, 1999

Section - 135 - Relief in suits for infringement or for passing off

Relief in suits for infringement or for passing off.

135. (1) The relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery up of the infringing labels and marks for destruction or erasure.

(2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:-

(a)	-	for discovery of documents;
(b)	-	preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;
(c)	-	restraining thedefendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.