Amlesh Kumar vs. State of Bihar

“Criminal proceedings misused in trademark disputes”

Description :

This case highlights the improper use of criminal proceedings in matters that are civil in nature, especially relating to trademark disputes.

Facts :

Amlesh Kumar was booked under criminal charges by the Bihar police for allegedly selling products using a trademark deceptively similar to another registered mark. The complainant accused him of violating trademark rights under the guise of counterfeiting, prompting the police to file an FIR. However, Amlesh contended that this was a civil matter of trademark infringement and not criminal fraud.

Findings :

The Patna High Court analyzed whether the dispute truly had criminal intent or was a civil infringement case. It found that the criminal process was wrongly invoked for what essentially amounted to a civil trademark infringement, which should be handled under the Trade Marks Act.

Suggestions :

The Court cautioned against the frequent practice of initiating criminal complaints in IP disputes to harass or pressure the other party. It stressed that remedies under civil law and intellectual property law must be followed properly.

Judgment Date : 27 July 2017

Final Order : The FIR was quashed by the Patna High Court, holding that the complaint did not disclose any criminal offence.