The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 67. Relief in suit for infringement or for passing off
In a suit for infringement or passing off under section 66, the court may grant an injunction (on such terms as it thinks fit) plus, at the plaintiff’s option, either damages or an account of profits, with or without an order for delivery-up of infringing labels and indications for destruction or erasure.
The injunction may include an ex parte injunction or interlocutory orders for discovery of documents, preservation of infringing goods, documents, or other evidence, or restraining the defendant from disposing of or dealing with assets in a way that would prejudice the plaintiff’s ability to recover eventual damages, costs, or other pecuniary remedies.
The court will not grant relief by way of damages (other than nominal damages) or account of profits where, in an infringement suit, the defendant satisfies the court that he was unaware and had no reasonable grounds for believing the plaintiff’s geographical indication was on the register when he began using it, and stopped using it immediately on becoming aware of the plaintiff’s right; or, in a passing-off suit, that he was similarly unaware of the plaintiff’s use and stopped as soon as he became aware of it.
