National Institute of Fashion Design (NIFD) approached Punjab and Haryana High Court for restraining the other party by the name of Nurturing Ideas for Design Private Limited, thus borrowing first letters of the petitioners name NIFD. 

Allegation is respondent knew petitioners earlier and now doing business using credentials of petitioners. 

Thus misusing the trade name and infringing the legal rights of the party . 

Trademark name of petitioner is INIFD 

Also Read- Natco Pharma vs FMC Corp: Supreme Court transfers patent infringement suits to Delhi HC

Respondents are restrained from using the trade name till the next date of hearing which is july 10.

Petitioners using the trademark NIFD throughout the country for last 27 years and more than 20,000 students have been passed out.

Usually High Court of Delhi is seen as centre of IP litigation cases but that does not prevent jurisdiction of other courts from entertaining the IP infringement cases at High Courts.

The most common types of intellectual property disputes are likely to be related to either copyright infringement, trademark infringement, or patent infringement.

Also Read- Intellectual Property Bulletin

Punishment for copyright infringement under Section 63 of Copyright Act includes imprisonment upto 3 years and fine upto two lakh rupees at present. So one must be careful of the consequences before infringing the legal rights of respondent party.

An owner can file the suit or case before High Court Chandigarh if the other party uses trademark identical to the one they have registered or seemingly similar.

Also Read- HC: Use Of Single Word Not Trademark Infringement

Respondent may also seek license to use infringed patent at a premium with the consent of applicant.

Example would be using a logo, acronym, trade name similar to the one in question.

Limitation for filing the suit for infringement is usually 3 years from the date of infringement.

Both Civil and Criminal remedies are available in cases of trademark infringement.

Also Read- infringment of trademark Judgments on IndianKanoon

An injunction is the most common remedy for all IPR infringements. Injunctions are court orders that require named individuals to refrain from doing certain specified acts (eg using the IPR owner’s intellectual property). Injunctions can take the form of ‘perpetual’ injunctions or ‘interim’ injunctions.

You can send a legal notice asking the respondent from desisting the use of trade name and if he still fails then approach Punjab and Haryana High Court without hesitation.

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