- Case number
- W.P.(C) 654/2014
- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Disposed of
Headnote
Appeal against a permanent injunction dismissed. On remedies, the Division Bench held that under section 135(1) a plaintiff may at its option seek either damages or an account of profits, and that while the absence of proof of quantifiable loss may defeat a money decree for compensatory damages, it does not by itself extinguish the alternative relief of rendition of accounts or delivery up once infringement, passing off and copyright violation are established. Following Titan Industries, damages and an account of profits are alternative remedies which a plaintiff may claim in the alternative and elect between at the conclusion of trial, precisely because a successful plaintiff may not know enough of the defendant's activities until disclosure is made.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.