Section 135 of Trade Mark Act
Relief in suits for infringement or for passing off.—
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.
In the recent case of G. M. Sheik &Ors. v. M/s Raja Biri Private Ltd & Ors.
A Writ Appeal was filed because Raja Biri and Raja Bidi's names and trademarks were allegedly infringed.
Before giving the defendants notice, an interim ex parte order prohibiting them from conducting business was issued.
- Justice P. Somarajan, noted that the clause cannot be applied exhaustively. The Trade Marks Act's Section 135(2) should be used as the basis for any temporary injunctions
- The Kerala High Court has further ruled that courts must be vigilant and cautious while providing the relief ex parte without notice to the counter petitioner or respondent, noting that the scope of granting an ad interim injunction is limited.