In my earlier posts (here and here), I discussed the position of law on injunctions, the requirements for grant of temporary injunction and relevant cases with respect to trademarks in India. So let’s assume that we managed to restrain the defendants from using our trademark, what next? We want the defendants to pay (literally) for what they did and compensate our losses, to the maximum possible extent. This sum of money claimed as compensation for loss or injury is what we refer to as damages. Legally speaking, it is the monetary compensation awarded the Court in a civil suit to the aggrieved party for wrongful conduct of the other party.
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