The Trade Marks Act, 2009:
Section 97. Relief’s in suits for infringement or passing off.⎯
(1) The relief which a Court may grant in a suit for infringement or passing off referred to in section 96 of this Act includes an injunction 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.
Recently the APT IP LAW AGENCY BD. has instituted a Suit being Title Suit No.07 of 2018 for Permanent Injunction along with a prayer of Ad-interim injunction for Infringing the Registered Trademark "ROSH" of Rosh Limited against some imitators who were infringing and imitating the Registered Trademark "ROSH" by prefixing and suffixing some words like "Adi Rosh"; "Rosh er Mishti"; "Rosh er Hari" etc.
After filing the suit and after being hard, the Court was pleased to accept the Suit and also pleased to pass an order of Ad-interim injunction against the imitators. The order passed by the Learned District Judge, Dhaka is mentioned below:
"In the meantime the Defendant Nos.1 to 15 are restrained by an order of ad-interim injunction from producing, marketing, selling or offering for sale Sweets using the trade mark / trade name of "Rosh" with colour, design and get up as described in Schedule "B" to "B-14" till further order."
It is to be mentioned here that there are two types of Remedies for Infringement of Registered Trademark. Such as Civil Remedy and Criminal Remedy. The Civil Remedy is the Injunction passed by the District Court and the Criminal Remedy is Punishment and fine. Your client may take one of the above action or both for restraining the counterfeiters / imitators. Please note that before taking any action, your client should send a “cease and desist” notice to the counterfeiter/imitator.
We are pleased to inform you that our firm is able to handle the trademark dispute regarding the counterfeiting and imitation of the third party.
When a cause of action relating to the “Infringement” and “passing off” claim arisen, we generally issue a cease and desist letter to the infringer and if they are not restrained by the “Cease and Desist Letter”, we file a Civil Suit for permanent and mandatory injunction and damages for infringement of registered trademark and/or passing off goods under section 96 and 97 read with Sections 24, 25 and 26 of the Trade Mark Act, 2009 before the concern District Judge in Bangladesh. If any defamation claim is arisen, a complaint is to be filed before the concern Metropolitan Magistrate / Judicial Magistrate of Bangladesh. Please note that the “Defamation claim” is a criminal nature as per Section 499 and 500 of the Penal Code.
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