ENFORCEMENT · DELHI HIGH COURT IP DIVISION

Enforcing your IP rights — notices, suits and customs action

A registration is only as valuable as your ability to enforce it. We handle cease-and-desist notices, infringement and passing-off suits, opposition/rectification proceedings, and customs recordal against counterfeit imports.

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OVERVIEW

IP Litigation & Enforcement in India

Infringement rarely announces itself politely — a competitor launches a confusingly similar mark, a former vendor keeps using your design after the contract ends, or counterfeit stock shows up at a port. Our enforcement practice covers the full range of responses, calibrated to how serious and urgent the infringement is.

For most matters, a well-drafted cease-and-desist notice resolves the dispute without litigation. Where it doesn't, we file suits for infringement and passing-off before the Delhi High Court's specialised IP Division and district commercial courts, including applications for interim injunctions where delay would cause irreparable harm.

We also act defensively — responding to notices sent against our clients, and filing oppositions or rectification petitions to challenge marks or patents that shouldn't have been registered in the first place.

PROCESS

How we handle your ip litigation & enforcement

Evidence assessment

We review your registration, the infringing use, and available evidence (invoices, screenshots, product samples) to gauge the strength of the claim.

Cease & desist notice

A formal legal notice demanding the infringer stop, often with a short compliance deadline, sent before litigation is considered.

Suit & interim relief

Where necessary, we file an infringement or passing-off suit and, in urgent cases, an application for an ex-parte interim injunction.

Customs recordal

For counterfeit imports, we record your IP rights with Indian Customs under the IPR Rules, enabling border seizure of infringing consignments.

Settlement or trial

Many matters settle after an injunction is granted; where they don't, we carry the matter through evidence and final hearing.

Documents & information we'll need

Your registration certificate(s) or evidence of prior use/authorship.
Evidence of the infringing use — product samples, screenshots, invoices, marketing material, website URLs.
Any prior correspondence with the infringing party.
Details of the infringer, where known (company name, address, GST/CIN if available).
For customs recordal: your registration certificate and a list of authorised importers/distributors.

FAQ

IP Litigation & Enforcement — common questions

What should I do first if I discover infringement of my trademark or patent?+

Preserve evidence (screenshots, purchase receipts, dated photos) before contacting the infringer directly — approaching them first can sometimes prompt them to alter or hide the evidence.

Is a cease-and-desist notice legally binding?+

Not on its own — it's a formal demand, not a court order. But it creates a documented record that strengthens any later suit if the infringer doesn't comply.

How fast can I get an injunction against an infringer?+

Courts can grant an ex-parte ad-interim injunction within days in clear-cut, urgent cases; contested applications typically take longer depending on the court's calendar.

Can I stop counterfeit goods at Indian ports before they're distributed?+

Yes — recording your registered trademark, patent, design or copyright with Indian Customs under the IPR (Imported Goods) Enforcement Rules allows customs to suspend clearance of suspected infringing consignments.

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A strong registration makes enforcement easier

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