Trademark or Copyright? The distinction matters

The Bombay High Court has quashed criminal proceedings against two traders accused of selling counterfeit Zara and Calvin Klein apparel, ruling that the alleged conduct related to trademark issues rather than copyright infringement.

The Court also found that the investigation failed to comply with mandatory procedural requirements, as the search and seizure were conducted by an officer below the rank required under the Copyright Act. Consequently, the FIR, charge sheet, and related criminal proceedings were set aside.

This decision highlights the importance of correctly identifying the applicable IP right and complying with procedural requirements when pursuing enforcement actions. Read the full article below.