Section 67:
Relief in suit for infringement or for passing off.
(1) The relief which a court may grant in
any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such
terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits,
together with or without any order for the delivery-up of the infringing labels and indications for
destruction or erasure.
(2) The order of injunction under sub-section (1) may include an ex parte injunction or any
interlocutory order for any of the following matters, namely:--
(a) for discovery of documents;
(b) preserving of infringing goods, documents or other evidence which are related to the
subject-matter of the suit;
(c) restraining the defendant from disposing of or dealing with his assets in a manner which may
adversely affect plaintiffs ability to recover damages, costs or other pecuniary remedies which may
be finally awarded to the plaintiff.
(3) Notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of
damages (other than nominal damages) on account of profits in any case--
(a) where in a suit for infringement the defendant satisfies the court--
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication of
the plaintiff was on the register; and
(ii) that when he became aware of the existence and nature of the plaintiffs right in the
geographical indication, he forthwith ceased to use the geographical indication in relation to good
in respect of which it was registered; or
(b) where in a suit for passing off, the defendant satisfies the court--
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication
relating to the plaintiff was in use; and
(ii) that when he became aware of the existence and nature of the geographical indication
relating to the plaintiff he forthwith ceased to use the geographical indication complained of.