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103,105 Trademark act Counterfeit goods


04-Mar-2023 (In Trademark & Copyright Law)
In some areas like Delhi many people are selling counterfeit goods right. 1.lets say they are selling some 50 brands means they listed 50 brands in their shop So will they go to jail 50 times as per 103,104 trademark act? In the sense will they be in imprisonment for atleast 50*6 months?? 2.But I saw in many cases in Google that people are asked to give only damages instead of jail why is it like that?
Answers (2)

Answer #1
594 votes
hello client as you are saying tht you have seen im google tht people use to claim damages but no one is getting imprisonment . in this case the sinario differs tht who ever is going to claim in court of law tht who is clamming on which manner . the way they move is civil or criminal case.
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Answer #2
836 votes
A civil suit for infringement is filed for such violation usually, a settlement is reached. Damages accompanied with permanent injunction.

Now from a Criminal law perspective, such a harsh punishment would rarely be ordered.

As long as a person complies and abstain from any illegal conduct. The court
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