Section 142 in The Trade Marks Act, 1999
142. Groundless threats of legal proceedings.—
(1) Where a person, by means of circulars, advertisements or otherwise
Copyright Act, 1957
60. Remedy in the case of groundless threat of legal proceedings.—
Where any person claiming to be the owner of copyright
Power of court to grant relief in cases of groundless threats of infringement proceedings.—(1) Where any person (whether entitled to or interested
Section 120 in The Trade And Merchandise Marks Act, 1958
120. Groundless threats of legal proceedings.
(1) Where a person, by means of circulars, advertisements
validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case
validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case
declaratory
relief of non-infringement of the senior patent and groundless threats qua the
said patent, as provided under Sections ... interim application in the Hyderabad suit,
the same pertains to groundless threats which is covered under Section 106
of the Patents Act; (o) that
suit for declaration, permanent
injunction and damages in respect of groundless threats under Section
142 of the Trademarks Act, 1999", pleading,
(i) the plaintiff ... said allegations made in the notice of opposition
clearly constitute groundless threats to the plaintiff
inasmuch as the defendant has accused the plaintiff of
infringement
noted, aforesaid two suits, i.e., first suit for groundless threat
primarily under Section 60 of CR Act and the latter suit for infringement
primarily ... alleged
infringement will not entile dismissal of the prior suit for groundless threat. I
shall refer to the submissions in greater detail infra under
plaintiff prayed for a decree of declaration of non-infringement, groundless threat and consequential injunction, besides payment of compensation.
6.The suit ... suit in C.S.No.979/2007 being a suit regarding groundless threat, the plaintiff had to lead evidence first, unless the defendant admits