IP Litigation & Enforcement
When your rights are being used without permission
Registration is the beginning. We act on infringement, passing off and counterfeiting through civil suits, injunctions, border measures and criminal remedies, and defend you when a claim comes the other way.
Free 15-minute consultation. Your idea is confidential from the very first hello, protected whether or not you go on to instruct us.
What's included
Everything your ip litigation & enforcement needs
Most infringement matters are decided long before trial, in how quickly you move and how well the first application is prepared. We build the evidence, choose the forum, and press for relief that actually stops the conduct.
Infringement & passing-off suits
We assess the infringement, issue cease-and-desist notices where that is the sensible first step, and file suits for infringement of patents, trade marks, designs and copyright, and for passing off, before the appropriate commercial court or High Court.
Interim & ex parte injunctions
We move for interim relief under Order XXXIX of the Code of Civil Procedure, including ex parte applications where the urgency and the facts justify them, and for court-appointed commissioners to secure evidence before it disappears.
Customs recordal & border measures
We record your registered trade marks and other rights with Customs so that infringing consignments can be intercepted at the border, and we handle the notices and proceedings that follow a seizure.
Criminal complaints & appeals
We pursue criminal remedies where the statute provides them, including complaints and search-and-seizure action in counterfeiting and piracy matters, and carry matters through appeal before the High Courts.
Simple, transparent, fast
How it works
- 01
Assess and preserve
In a free, confidential consultation we look at your rights, the infringement, and the evidence, and act quickly to preserve what is at risk of being lost.
- 02
Choose the route
Notice, civil suit, criminal complaint, customs action, or a combination. We set out the options with likely timelines and a clear fee plan, usually within one business day.
- 03
File and seek interim relief
We draft the plaint and the injunction application, file before the correct forum, and press for interim orders that stop the conduct while the suit runs.
- 04
Through to judgment or settlement
We run the matter through evidence and trial, negotiate settlement and undertakings where that serves you better, and take or defend appeals.
Why Soni & Soni
Authority you can rely on, a process you can see.
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Technical and legal in one team
Patent and design disputes turn on the technology. Our patent agents and litigators work on the same file, so the technical case and the pleadings say the same thing.
Speed when it counts
Interim relief rewards preparation and urgency. We respond within 10 minutes during business hours and move on genuinely urgent matters the same day.
The full enforcement toolkit
Civil, criminal and customs remedies are used together where the facts support it, rather than treating litigation as the only option.
Defence as well as attack
We also act for those who have received a notice or been sued, including on validity, non-infringement and rectification.
Talk to an attorney
Facing infringement, or a notice you need to answer?
Tell us what has happened and a litigation specialist will come back to you with an honest assessment and the realistic options, confidentially, at no cost for the first conversation.
Free 15-minute consultation. Your idea is confidential from the very first hello, protected whether or not you go on to instruct us.
IP Litigation & Enforcement, your questions, answered
Where are IP infringement suits filed in India?
It depends on the right, the value of the claim and where the defendant or cause of action lies. Intellectual property disputes above the prescribed specified value are treated as commercial disputes under the Commercial Courts Act, 2015, and are heard by commercial courts or the commercial divisions of the High Courts. We advise on the appropriate forum at the outset.
Can I get an order stopping the infringement quickly?
Courts can grant a temporary injunction under Order XXXIX of the Code of Civil Procedure, and in urgent cases an ex parte order before the other side is heard. Relief of this kind depends on a strong prima facie case, the balance of convenience and irreparable harm, so preparation and promptness matter a great deal.
What is customs recordal and when is it useful?
Registered rights can be recorded with the Customs authorities so that suspected infringing imports can be held at the border. It is particularly useful against counterfeit goods entering the country, and works well alongside civil action.
Do I have to be registered to take action?
Registration is required to sue for infringement of a trade mark, and for patents and designs the registration is the right. An unregistered mark can still be protected through a passing-off action based on goodwill and misrepresentation. Copyright subsists without registration, though registration helps prove ownership.
Are criminal remedies available for IP infringement?
The Trade Marks Act, 1999 and the Copyright Act, 1957 provide criminal offences for falsification of marks and for infringement, and complaints with police action are possible in counterfeiting and piracy matters. Patent and design infringement is dealt with through civil remedies. We advise which route fits your facts.
Where do appeals from IP orders go now?
Following the abolition of the Intellectual Property Appellate Board, appeals and matters that were before it are heard by the High Courts, and some High Courts have constituted dedicated intellectual property divisions. We handle matters at that level.
Your rights, enforced.
Book your free, confidential consultation and speak to an IP litigation specialist about your matter.