trademark owner. It can also be increased up to 3 times if it is as per the laws laid down.
Even the court has the discretion to award to the owner and other expenses incurred by
the owner for bringing up the action. In Time Incorporated vs. Lokesh sriastav4 in this
court awarded both compensatory damages and punitive damages for infringement of the
trademark Time.
Therefore, the protection of trademark is important not only for
the beneļ¬t of business but also for the protection of consumer
from fraud and any conduct which violates the right. The
Trademarks Act, 1999, the law provides for a better protection of
trademarks, the fact that the trademark law provides protection
to trademarks has come out to be a reality. The present Act
expressly recognizes the common law remedy and thus saves
both the registered and unregistered trademarks from being
misused.
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