IPR Disputes

Trademarks, copyright, patents and designs protect what makes a business distinctive: its brand, its content, its inventions and its products' appearance. When someone copies or misuses them, or challenges your right to use your own brand, quick and well-prepared action matters. Working with advocates experienced in intellectual property, we help individuals, startups, MSMEs and established businesses enforce and defend their rights.

What IPR litigation covers

Enforcing or defending rights under the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970 and the Designs Act, 2000. Disputes arise from unauthorised use, imitation, infringement, passing off or misuse. They need a clear strategy, careful evidence and representation before courts, commercial courts and IP offices, and the outcome can affect a business for years.

Common disputes

• Trademark infringement and passing off
• Copyright infringement of content, software, designs and creative work
• Patent infringement and challenges to validity
• Design infringement
• Imitation of brand names, packaging or trade dress
• Domain name disputes and cybersquatting
• Breach of licence or assignment agreements
• False claims of ownership

Our services

Trademarks

• Infringement and passing off actions, including interim injunctions
• Oppositions to conflicting applications and replies to oppositions
• Rectification and cancellation of conflicting registrations
• Defending infringement claims

See also trademark registration.

Copyright

• Infringement of literary, artistic, musical and digital works
• Software and content piracy
• Online infringement and takedowns
• Injunctions and damages
• Defending unfounded allegations

Patents

• Infringement analysis and litigation support
• Defending infringement claims
• Revocation and invalidity proceedings
• Working with technical experts on the facts

Designs

• Enforcing registered designs against copies
• Defending design infringement claims
• Cancellation of registered designs

Before litigation

• Assessing the strength of the claim and the risks
• Cease and desist notices, and replies to notices received
• Negotiated settlements, coexistence and licence agreements

Early action often avoids long and costly proceedings.

Courts and authorities

• District courts, commercial courts and High Courts
• Trade Marks Registry, Copyright Office, Patent Office and Designs Office
• Appeals from IP office decisions to the High Courts

Online and domain disputes

• Domain name complaints under the UDRP and INDRP
• Cybersquatting
• Takedowns on marketplaces and social media platforms

Who we help

• Startups and entrepreneurs
• MSMEs and growing businesses
• Established companies
• Brand owners and creators
• Software developers and content creators
• Designers, artists and innovators

The cost of ignoring infringement

• Customers confused and the brand diluted
• Lost sales and unfair competition
• Weaker rights over time, since delay can affect remedies
• Long-term legal and commercial setbacks

Common questions

Can I act against copying if my trademark is not registered?

Yes, through a passing off action, by showing your reputation and goodwill in the mark. Registration makes enforcement easier.

How quickly can an injunction be obtained?

Courts can grant interim injunctions at the first hearing in clear cases. Commercial suits generally require pre-institution mediation, except where urgent interim relief is sought.

Do I need to send a legal notice first?

Usually yes, though in some cases of deliberate infringement it is better to approach the court directly to avoid evidence being removed.