Leading evidence in trademark cases

What are some of the key do’s and don’ts in a typical trademark litigation in India? Pravin Anand explains

The focus of this article is on peculiar points relating to the leading of evidence in IP cases. The field is vast but an attempt is made to limit to specific points where errors are usually made.

Affidavits and verifications

Practitioners are advised to take a file inspection before recording evidence so that documents that need to be exhibit marked can be identified and flagged. This can save several hours which is particularly useful if there are foreign witnesses since a few extra hours could mean a second visit to India causing great inconvenience, hardship and costs.

While preparing affidavits for witnesses always obtain detailed comments on specific points, so that the affidavit preserves the language of the witness. While giving the affidavit a legal shape, lawyers should avoid re-writing it as far as possible in their own language.

Pravin Anand is the managing partner of Anand and Anand.